DIRECTORATE OF REVENUE INTELLIGENCE Vs. ABHIJIT PRABHAKAR KONDUSKAR

JUDGEMENT

(1.) RULE returnable forthwith. Mr.N.J.Shah, the learned APP waives service of notice of rule for and on behalf of the respondent no.2 ­ State of Gujarat. Mr.Chaitanya Joshi, the learned advocate waives service of notice of rule for and on behalf of the respondent no.1 ­ original accused.

(2.) By this application under Article 227 of the Constitution of India, the applicant ­ Directorate of Revenue Intelligence through its Deputy Director, has prayed for the following reliefs :

(3.) The facts giving rise to this application are as under : The respondent no.1 ­ original accused is charged with the offence punishable under Sections 22, 23, 24, 25, 27A, 28, 29 30 and 38 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'NDPS Act'). The NDPS Sessions Case No.5 of 2012 is in progress in the Court of the learned Additional Sessions Judge, Court No.19, City Sessions Courts, Ahmedabad. It is the case of the Department that the accused was found in possession of 431 kgs. of methylpheny. The samples were drawn by the officers of the Department and the same were forwarded to the Directorate of Forensic Science, Gandhinagar, for the purpose of testing. The FSL, Gandhinagar, confirmed the samples to be methamphetamine hydrochloride. It appears that after the receipt of the report of the Directorate of Forensic Science, Gandhinagar, the accused applied for retesting before the trial Court and such request of the accused was rejected. Being dissatisfied, the accused preferred Special Criminal Application No.1353 of 2012 before this Court challenging the order passed by the trial Court rejecting the request of the accused for retesting of the contraband.