UNION OF INDIA Vs. GOVIND

JUDGEMENT

(1.) This Criminal Revision has been filed against the impugned order/judgment dtd. 06/06/2022 passed by the Special Judge, ( under the NDPS Act ) Jaora, District - Ratlam in Crime no. 01/2022 registered at police station - CBN, Jaora, District - Ratlam, by which the trial Court has dismissed the application filed by the petitioner for re-testing of the sample

(2.) Brief facts of the case are that on 29/01/2022, the petitioner intercepted a car bearing registration no. MP-44-CA-6378 and during search, recovered 290 grams heroin from the possession of the respondent/accused Govind. After proceeding of search, seizure of contraband and the vehicle, the respondent/accused was arrested. After taking two samples of the seized contraband, one sample was sent to Government Opium and Alkaloid Works, Neemuch for chemical analysis and as per the report dtd. 20/04/2022, it is concluded that the sample answers to the positive test for the presence of opiates possibility of presence of heroin in the sample cannot be ruled out therefore the sample be forwarded to CRCL New Delhi for its exact identification characterisation and quantification of opiate before taking any executive decision.

(3.) The petitioner filed an application before the trial Court for re-testing of the sample. After hearing both the parties, the trial Court rejected the application filed by the petitioner on the ground that in view of the judgment delivered in the case of Thana Singh Vs. Central Bureau of Narcotic reported in (2013) 2 SCC (Cri) 818), the case does not fall in the category of the exceptional case and the prosecution has failed to prove the provision of law and protocol, which is contrary to the said judgment. Being aggrieved by the impugned order, the petitioner has filed present revision before this Court.