ANIL KUMAR Vs. NARCOTICS CONTROL BUREAU

JUDGEMENT

(1.) NOTICE , which is accepted by learned counsel for the respondent.

(2.) THE petitioner was charged with offences under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 ('the said Act' for short). Recovery was made from the petitioner of a light brown powder suspected to be heroin. The samples drawn from the seized material were sent for testing to the CRCL. The report of the CRCL shows that the material which has been tested is an off white powder which contains diacetylmorphine(heroin). The petitioner wanted a re-testing of the sample on the ground that what is alleged to have been seized from the petitioner is a light brown powder while the report is in respect of an off white powder.

(3.) ON hearing learned counsel for the parties and consideration of the matter, I am unable to persuade myself to agree with the conclusion arrived by the learned Addl. Sessions Judge. The matter is no more res integra in view of the judgment of the learned single Judge of this Court in Nihal Khan v. State, 2007(3) RCR(Criminal) 850 ; 2007(1) JCC (Narcotics) 37 where it has been observed in para 15 as under :