K RAMESH KUMAR Vs. STATE

JUDGEMENT

(1.) The petitioner has challenged the Suo-motu decision taken by the Trial Court to send the contraband for Chemical analysis for the second time.

(2.) The facts of the case are as follows:

(3.) The learned counsel for the petitioner would submit that the samples recovered from the petitioner are not Cocaine, which is also proved by analysis report. Secondly, when the test report categorically stated that it is Chloroquine, Etofylline and Theophylline, therefore, there is no necessity for sending the samples for second analysis. He relied upon the Judgment of the Honourable Supreme Court in Thana Singh vs. Central Bureau of Narcotics, 2013 CrLJ 1262, wherein, it has been stated that only in exceptional circumstances, resampling can be done that too within 15 days from the date of receipt of the test report. The learned counsel for the petitioner would point out that the report is dated 31.07.2012 and the same was received by the trial Court on 06.08.2012. Whereas, resampling order was passed on 01.04.2013. In view of that, the order is in violation of the law laid down by the Honourable Supreme Court.