DARSHAN SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONERS by way of this petition have challenged the order dated 31.10.2007 (Annexure P -2) passed by the Trial Court whereby second sample was drawn from the bulk of the contraband and was ordered to be sent for analysis to Central Forensic Science Laboratory. Learned counsel for the petitioners has submitted that under the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'Act'), there was no provision for sending second sample for analysis. In support of his arguments, learned counsel has placed reliance on Thana Singh Vs. Central Bureau of Narcotics : 2013 (1) R.C.R. (Cri) 861 wherein it was held as under: -

(2.) LEARNED State counsel, on the other hand, has opposed the petition and has submitted that earlier report had been obtained by the petitioners in their favour by exercising political pressure. Hence, in the interest of justice, it was necessary to send the second sample for analysis.

(3.) IN the present case, admittedly sample was sent for analysis on 09.08.2007. Report of the analyst was sent on 11.09.2007. The said report was received by the prosecution on 19.09.2007 whereas, the application for sending second sample for analysis was moved on 23.10.2007. Thus, the application for request for sending the second sample for analysis was moved by the prosecution after 15 days of the receipt of first report from the laboratory. In these circumstances, in view of the decision of the Apex Court in Thana Singh's Case (supra), the impugned order dated 31.10.2007 is liable to be set aside. Accordingly, this petition is allowed. Impugned order dated 31.10.2007 (Annexure P -2) is set aside.