NYANGLANG PONGTEY Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) -The petitioner is the first accused in S.C. No. 12/2014 pending before the Special Judge, NDPS Cases, Vadakara. He has approached this Court under Sec. 482 of the Code of Criminal Procedure (for short 'the Code') seeking to set aside Annexure A7 order dated 24.11.2014 passed by the said court in Crl.M.P.No.584/14 in S.C.No.12/2014.

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

(3.) The accused No.4, after his arrest had confessed before the Investigating Officer to the effect that the contraband seized from his custody is not brown sugar but only a powder having semblance. He conferred further that if Avil-25, Varalium-5, chocolate powder and sugar are provided to him, he would prepare such a powder. Accordingly the accused No.4 was made to create such a powder by providing the ingredients as stated by him in his confession. Samples were taken therefrom, packed and sealed in the presence of the witnesses and those were also forwarded to the Regional Forensic Science Laboratory, Police Department, Government of Kerala as per PR.No.64/2011 for chemical analysis. The copy of the seizure mahazar prepared is appended along with as Annexure 3. Report was obtained from the Regional Forensic Science Laboratory after analysis of the said sample (PR.No.64/2011) stating that the sample forwarded does not contain any narcotic and psychotropic substance.