ANJALI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The accused/petitioner, through her husband, maintained the instant petition under Sec. 482 Cr.P.C., with a prayer for retesting of sample of contraband allegedly recovered from her possession.

(2.) The facts of the case can be summarized as under:

(3.) The respondent/State, in its reply filed to the instant petition, denied that the Investigating Agency has planted any fake case against the petitioner. It is alleged that contraband was recovered from the exclusive and conscious possession of the petitioner and after completing all the codal formalities, the petitioner was arrested. As per the replying respondent/State, the report with regard to the recovered contraband was obtained, after analysis and examination of the sample of contraband by the Chemical Examiner and in the report cannabis was found in the sample of the contraband. It is averred that investigation in the case has been conducted fairly, therefore, there is no reason for sending the sample of the recovered contraband for retesting. The petitioner has no legitimate reason for retesting the recovered contraband. SFSL, Junga is independently functioning and its reports are admissible within the purview of law, hence the report is trustworthy, reliable and admissible. Lastly, it is prayed that the petition, being devoid of merits, deserves dismissal and may be dismissed.