ANIL GUPTA Vs. NARCOTIC CONTROL BUREAU

JUDGEMENT

(1.) This revisional application is directed against an order dated 22.2.2002 passed the learned Special Judge (N.D.P.S.) Act, 6th Bench, City Sessions Court, Calcutta in NDPS case No. 3 of 2002.

(2.) The present petitioner was arrested by the Officers of Narcotic Control Bureau (NCB for short) and was produced before the learned CMM, Calcutta on 23.1.2002 on an allegation that 40 packets (containing 1000 ampoules) of Buprenorphine Injections (Tidigesic) were found in a jute bag inside the office-cum-godown of M/s. Geeta Enterprise, which is owned by the petitioner. Each packet contained 25 pieces of injections of 2 ml. each. Samples were drawn from the seized articles as per provisions of law and were sent for chemical analysis.

(3.) On 15.2.2002 a petition was filed by the investigating agency stating that the sample, which was sent for testing, was returned by the chemical examiner on the ground that the sample which was sent for testing was of insufficient quantity. In such circumstances a prayer was made for drawing at least 5 more ampoules from the seized articles in presence of witnesses and the person from whom it was seized. Such prayer was allowed by the learned Special Judge and hence this revision.