SURESH KUMAR MANGILALJI Vs. STATE THROUGH NCB INDORE

JUDGEMENT

(1.) THIS Criminal Revision is directed against the order passed by learned Special Judge under the NDPS Act, District - Indore in Special Sessions Trial No. 18/2013 dated 01.11.2013 by which, learned Special Judge dismissed the application filed by the present applicant for re -testing of the contraband submitted before the Court as Court property.

(2.) THE brief facts relevant for disposal of this case are that 610 gms Heroin in one packet and in another packet Alphrazolam were alleged to have been seized from possession of the present applicant on 24.02.2013. The seized contraband was deposited on 26.02.2013 in the Malkhana. The sample taken from the seized substance was sent for testing. The report was received on 27.05.2013 that seized contraband contained Heroin and this fact came to the knowledge of the present applicant when the charge -sheet was filed. However, it was alleged before learned Special Judge that present applicant was not satisfied with the result of testing and it was doubted that Heroin was mixed in the substance that was allegedly seized from the possession of the present applicant.

(3.) THE application was opposed by learned Special Prosecutor on the ground that there are no provisions in the NDPS Act for re -testing of the contraband deposited in the Court as Court property.