STATE OF H.P. Vs. AMAR NATH

JUDGEMENT

(1.) CMP No. 30 of 2013

(2.) THE State has preferred this application under Section 391 read with Section 91 and 482 of the Criminal Procedure Code (hereinafter 'Cr.P.C.') praying that the bulk sample of charas, which is in the custody of police, be sent for re -analysis to the Forensic Science Laboratory. We cannot accept this contention as in Thana Singh vs. Central Bureau of Narcotics : (2013) 2 SCC 590 the Supreme Court holds: -

(3.) A number of submissions have been made by learned Additional Advocate General that the learned trial Court has not appreciated the evidence of the prosecution in its true perspective in accordance with the law laid down by the Supreme Court in C. Magesh and others vs. State of Karnataka, : (2010)5 SCC 645.