DIRECTORATE OF REVENUE INTELLIGENCE Vs. ANSELEN LYKE NWOSU

JUDGEMENT

(1.) BY this petition filed under Section 482 of Code of Criminal Procedure, 1973 (hereinafter after referred to as 'Cr.P.C.') the petitioner assails the order dated 19.12.2012 passed by learned Special Judge, NDPS/South & South -East District, Saket Court Complex, New Delhi whereby the application filed on behalf of respondent/accused for drawing fresh sample from the case property and for sending the same to Central Revenues Control Laboratory for analysis was allowed. Shorn off unnecessary details, the facts of the case are that on 17/18.05.2009 the respondent was found in possession of 11.019 kgs. from blue and red colour shoulder bag brand "Cello" and in the follow -up action, 962 grams of substance suspected to be heroin was recovered from the residential premises of the respondent and statement of respondent under Section 67 of Narcotic Drugs and Psychotropic Substances; Act, 1985 (hereinafter referred to as 'NDPS Act') was recorded wherein he had admitted the recovery of the seized substance from his bag and other incriminating facts.

(2.) ON 25.05.2012, the respondent/accused moved an application for drawing fresh sample from the alleged case property for re -testing/analyzing from Central Revenues Control Laboratory for analysis. The said application was allowed by learned Special Judge, NDPS/South & South -East District, Saket Court Complex, New Delhi vide impugned order dated 19.12.2012.

(3.) LEARNED counsel for the petitioner contended that there is no provision under NDPS Act or Cr.P.C. for sending the samples for re -testing. According to him, the accused has a right to cross -examine prosecution witnesses and to lead defence evidence at an appropriate stage.