THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.11023 OF 2025

ORDER:

This Criminal Petition is filed by the petitioner seeking to set aside the orders passed in Crl.M.P.No.428 of 2025 in Crime No.724 of 2023 by the learned I Additional District and Sessions Judge at L.B.Nagar (for short ‘the trial Court’).

2. Heard the submissions of Sri Mohammed Abdul Wahab, learned counsel for the petitioner and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor for the respondent No.1 – State.

3. The learned counsel for the petitioner submitted that sending the sample for a third test of contraband is against the principles of law and that the Apex Court in Thana Singh v. Central Bureau of Narcotics, (2013) 2 SCC 590 has laid down certain guidelines for sending the samples for testing and that retest is permissible only under exceptional circumstances. In the present case two tests reports have already been received and nothing is made out from the said tests saying that the contraband is a substance prohibited under

NDPS but still the prosecution intends to send the sample for a third test which is against the principles and the said petition was allowed by the tria