IRFAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing this instant Criminal Misc. Petition under Sec. 482 CrPC, the petitioner has challenged the order dtd. 11/12/2023 passed by the learned Special Judge, NDPS Cases, Pratapgarh in Criminal Case No. 11/2023, whereby the learned Judge has rejected the application filed by the petitioner.

(2.) The gist of the present case is that the petitioner has been arraigned as an accused and arrested in a case under the NDPS Act for the offence under Sec. 8/22, 25 for having possession of 400 grams MDMA wherein trial had commenced before the learned Special Judge, NDPS Cases, Pratapgarh (for short, "the trial Court"). After seizure the samples were taken from the recovered contraband and sent to the FSL. During the pendency of the trial, the petitioner had moved applications on 28/4/2023 and 27/7/2023, seeking direction for taking sample from the original article lying in maalkhana for forensic examination to bring the true facts on record. However, the learned trial Court, vide order dtd. 11/12/2023, rejected the said applications and declined to take sample from the remainder article for the purpose of sending the same for forensic analysis. Aggrieved thereby, the petitioner had preferred the present misc. petition.

(3.) Heard learned counsels present for the parties and gone through the material available on record.