NARCOTICS CONTROL BUREAU Vs. ATHAR PERVEZ & ORS

JUDGEMENT

(1.) On the complaint (SC 25/13) of the petitioner Narcotics Control Bureau (NCB) respondents are facing criminal prosecution in the court of the Special Judge (NDPS) on the accusations of they having committed offences punishable under Section 9-A read with Sections 25-A / 25/22/23 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), the case primarily being founded on recoveries statedly made on 22.08.2013 of 30 kilograms of pseudoephedrine and 2.5 kg of Methaqualone followed by another recovery of 24.700 kgs of Methaqualone. The samples of the substance recovered had been sent by the NCB, during the course of its investigation, to Central Revenues Control Laboratory (CRCL) on 23.08.2013. The CRCL by its report dated 19.09.2013 gave the following opinion :-

(2.) The NCB moved the special court by an application seeking permission to seek fresh samples to be sent to Central Forensic Science Laboratory (CFSL). The defence counsel submitted no objection to the prayer of NCB and, thus, the application was allowed by the Special Judge, by order dated 17.10.2013, with suitable directions for the duplicate samples drawn at the spot to be sent to CFSL at Hyderabad for "further analysis". The CFSL examined the samples and on such basis gave its report dated 10.01.2014 which would confirm that Methamphetamine had been detected in exhibit B2 and S-II.

(3.) Against the above backdrop, the first and fourth respondents moved an application before the Special Judge seeking "retest". The prayer was resisted by the NCB. The request of the defence, however, was allowed by the Special Judge, by her order dated 11.09.2014, directing that the case property be produced in the court for fresh samples to be drawn out therefrom in the presence of both sides concluding that retesting of the case property had become necessary, taking note, inter alia, of certain background facts as under :