SADARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant Criminal Miscellaneous Petition under Sec. 482 Cr.P.C. (Sec. 528 B.N.S.S. 2023) has been preferred by the petitioners for quashing of the FIR No.56/2024 registered at Police Station Jhab, District Sanchore for offence punishable under Ss. 8/22 & 29 of the NDPS Act.

(2.) Briefly stated the facts of the case are that the police, upon receiving information, conducted a search at the house of petitioner No.1, Sadaram. During the search, two individuals-Budharam alias Bhutaram (petitioner No.3) and Bhanwarlal (petitioner No.4)--attempted to flee but were apprehended. Upon searching a shed inside the premises, the police allegedly recovered 3.376 kg of the illegal drug Mephedrone (MD), along with an electronic weighing scale, plastic sealing machine, and a sum of Rs.1,50,400.00, purportedly earned from the sale of drugs. The seizure of the suspect material was made and samples were taken for sending the same to the FSL for chemical examination.

(3.) As on date, it can be concurrently stated that the case was registered on the suspicion of possession of contraband. However, this suspicion has not been confirmed by the report of the chemical examiner. As such, there remains no case against any of the accused-petitioners. Though as on date there is no such relevance in this case since second sample report has been received and the issue may no longer relevant, it is being mentioned, purely as a matter of caution that any request for retesting or re-sampling cannot be entertained under the NDPS Act as a matter of course rather such a request may only be made in extremely exceptional circumstances, for cogent reasons to be recorded by the Presiding Judge, an application to this effect in such cases can be made within a period of 15 days of the receipt of the test report only then can an order to that effect be passed. No application for retesting or re-sampling can be entertained thereafter. In the absence of any compelling circumstances, any form of re-sampling and retesting is prohibited under the NDPS Act. So, let it be made clear that no agency can send a sample for retesting or undertake re-sampling, outside the scope of the provisions and rules framed under the NDPS Act.