IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.01.2014

C O R A M

THE HONOURABLE Mr.JUSTICE A.ARUMUGHASWAMY

Criminal Revision Case No.1610 of 2013

T.Senthil Kumar

.. Petitioner

Vs

The Superintendent of Customs,

Prosecution Unit (AIR),

Customs House, Chennai.

.. Respondent

Criminal Revision Petition is filed to set aside the order passed

in Crl.M.P.No.2271 of 2013 by the learned Principal Sessions Judge

for NDPS and EC Act cases, Chennai, dated 27.11.2013 dismissing the

application for retesting and resampling the contraband and permit

the petitioner to send the sample for retesting and resampling to

ascertain whether the seized contraband is a narcotic, pshycotrophic

or controlled substance to the Hyderabad Laboratory or any other

Laboratory in RR.No.23 of 2013 on the file of the respondent.

For petitioner

...

Mr.M.Shahjahan

For respondent ... Mr.T.P.Sekar,

Special Public Prosecutor for Customs

O R D E R

The Revision is filed to set aside the order passed in

Crl.M.P.No.2271 of 2013 by the learned Principal Sessions Judge for

NDPS and EC Act cases, Chennai, dated 27.11.2013.

2.

The case of the prosecution is that on 31.7.2013, based on

specific information by Mr.T.G.Venkatesh, Deputy Commissioner of

Customs (AIU), the petitioner herein bound for Jakarta via Kula

Lumkpur by Malaysian Airlines Flight No.MH 181/31.7.2009 was carrying

narcotic drugs concealed in his sandals worn by him, he was searched.

During search, two polythene covers one from each sandals containing

white crystalline substance suspected to be narcotic drugs weighing

510 grams of 'Ephedrine Hydrochloride' were recovered. Thereafter,

he was arrested and remanded to judicial custody by the learned

Additional Chief Metropolitan Magistrate, E.O.II, Egmore, Chennai.

Then the respondent filed a report stating that the report reveals

that the drug was only 'Methamphetamine Hydrochloride'. But at the

https://hcservices.ecourts.gov.in/hcservices/

time of seizure, the respondent tested the sample through the test

kit and stated that it is only a 'Ephedrine Hydrochloride'. Since

the prosecution has stated the names of two different drugs, the

petitioner wanted to send the second sample to any other laboratory

to ascertain as to whether the seized contraband was Narcotic Drugs

and Psychotropic Substances or controlled substances. Hence the

petitioner herein has filed a petition in Crl.M.P.No.2271/2013 before

the Principal Special Judge, Principal Special Court under EC and

NDPS Act, Chennai-104. The learned Judge by order dated 27.11.2013

dismissed the said petition. Hence, the present revision.

3.

Learned Counsel for the petitioner would submit that at the

time of the arrest of the petitioner, it was informed that he was in

possession of 510 grams of 'Ephedrine Hydrochloride' and not in

possession of 'Methamphaetamine Hydrochloride'. The learned Counsel

for the petitioner would further submit that since the prosecution

has stated the names of two different drugs, it is necessary to send

the second sample for retesting to any other laboratory. Hence, he

would pray to allow the present revision.

4.

Learned Special Public Prosecutor appearing for the

respondent would contend that sending of second sample for analysis

is totally unnecessary and that is not required in this case. Hence,

he would pray to dismiss the present revision.

5.

Heard both sides and I have also perused the materials

available on record carefully.

6.

The fact that the petitioner was arrested by the respondent

police on 31.7.2013 in the Anna International Air Port while he was

boarding to Jakarta on information from valuable sources for his

possession of narcotics drugs weighing 510 grams of narcotic

substance in two polythene bags in each of his sandals have not been

recovered from the accused is not in dispute. Immediately, at the

time of seizure, the inve