RESHAM SINGH ALIAS PAPPU Vs. STATE OF HARYANA

JUDGEMENT

(1.) PRAYER has been made for issuance of directions to the trial Court for taking fresh sample from the remaining material of case property after properly mixing the same and sending the same thereafter for re-examination by the Central Forensic Science Laboratory.

(2.) FIR No. 67 dated 3.3.2005 under Sections 18 and 25 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'the NDPS Act') was registered with the allegations that petitioner Resham Singh @ Pappu along with Suresh and Bindi s/o Jagir Singh fled away in the vehicle on 3.3.2005 when they saw a police party. While fleeing in the vehicle, they had to take an acute turn and in the process one plastic bag of white colour fell from the window of the vehicle. The same was opened and opium was recovered. Two samples of 20 grams each were taken and the remaining opium was weighed which came to 5 kgs. and 960 grams.

(3.) REPLY has been filed by the State wherein a specific stand has been taken that there is no provision in the NDPS Act to take second sample of the contraband and sending it for analysis.