SUGNA DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard. Mr. Mahipal Bishnoi, learned Public Prosecutor takes notice on behalf of the State.

(2.) In the light of the judgment of Honourable Supreme Court in E. Michael Raj Vs. Intelligence Officer Narcotics Control Bureau, reported in 2008(2) WLC (SC) Cri. 265 : 2008 Cr.L.R. 401 wherein the punishment was altered by evaluating the quantity being commercial or below commercial because of the percentage of the Morphine, the rejection of the application under Sec. 91 Cr.PC. by the learned Special Judge, NDPS Cases, Sriganganagar filed by the petitioner for re- examination of the sample is contrary to the law.

(3.) Consequently, this misc. petition is allowed and trial court is directed to send the sample for re-examination in the light of the percentage of Morphine as discussed by the Honourable Supreme Court in the case referred to above. Petition Allowed.