DINESH KUMAR YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Section 482 of the Code of the Criminal Procedure, 1973 (For short, the Code) is preferred by the petitioner herein/accused for quashing the impugned order dated 07/05/13 passed by the Special Judge (NDPS Act), Vidisha in Special Case No.02/2013 whereby allowed the application to send the samples for retesting them to the Government FSL, Hyderabad.

(2.) The Short Facts Of The Case Are That On 07/02/2013 On The Basis Of information received through an informer, 1.210 kgs heroine contained in two packets was seized on platform No.1 of the Vidisha railway station from the illegal possession of the petitioner. Two samples P1S1, P1S2 and P2S1 & P2S2 were prepared from each packet. On 11/02/13, two samples P1S1 and P2S1 were sent to the Government and Alkaloid Works, Neemuch (M.P.) for chemical examination and the Chemical Examiner submitted a report according to which each of the two samples is found by qualitative and quantitative analysis to be "OPIUM" within the meaning of NDPS Act, 1985.

(3.) After Completing The Investigation, Challan Has Been Filed Against the petitioner before the Special Judge (NDPS Act), Vidisha on 10/04/2013 and on the same date, an application was submitted by the respondent herein before the Court below praying that P1S2 and P2S2 be sent to the FSL, Hyderabad for retesting the samples. The application was opposed by the petitioner.