KULWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present petition under Section 482 of Code of Criminal Procedure ["Cr.P.C."] is for quashing of FIR (Annexure P/1) No. 48 dated 26.08.2012 registered under Sections 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, "the Act") registered at Police Station Kahnuwan, District Gurdaspur, alongwith all consequential proceedings arising out of the same.

(2.) Facts relevant for the purpose of decision of this petition; that the petitioner was allegedly found to be in possession of 500 grams of intoxicating power. Sample of 10 gms of the said intoxicant powder was taken and sent for chemical analysis to the Chemical Examiner, Kharar. As per the report of Chemical Examiner, Kharar, Annexure P/2, dated 5.11.2012, the same contained "Pheniramine Maleate", which is not covered under the Act. Thereafter, an application was filed before Judicial Magistrate Ist Class, Gurdaspur on 16.11.2012 (Annexure P/3) for production of second sample lying in the Malkahana and for sending the same again to the Chemical Examiner. However, the said application was dismissed by learned Judicial Magistrate Ist Class vide order dated 5.1.2013 (Annexure P/4), on the ground that there was no provision under the Act for sending second sample for re-testing. However, the sample was sent for re-analysis to Forensic Science Laboratory (FSL), Chandigarh and on the second sample, report (Annexure P/5) dated 18.10.2014 was received that the sample contained "Dextropropoxyphene" and on that basis, report under Section 173 Cr.P.C. was filed in the Court and learned trial Judge framed charge against the petitioner.

(3.) Learned counsel for the petitioner mainly contended that there is no provision under the Act for sending second sample for re-analysis and such an application, moved by the prosecution, was rightly turneddown by learned Judicial Magistrate Ist Class on 16.11.2012. Still the sample was again sent for re-testing and on that basis of such report, Annexure P/5, charge was framed against the petitioner and the proceedings are continuing which is misuse of the process of law and the same be quashed.