KARAN KAKKAR Vs. STATE OF U.T.

JUDGEMENT

(1.) The present petition has been filed under Section 482 Cr.P.C. for quashing of order dated 24.5.2013 passed by Judge Special Court, Chandigarh, vide which, sample has been ordered to be sent for re-testing without issuing notice to the accused.

(2.) Briefly, the facts of the case are that on 17.3.2013, an FIR No. 161 under Sections 9-A, 25A and 29 of NDPS Act (hereinafter referred to as 'the Act') was registered against the petitioner as loose tablets were recovered from three bags lying in Mahindra XUV 500, being driven by the petitioner. The said car was stopped by the Police near Power House of Kishangarh at Manimajra road, in which, besides the driver, three other persons were also travelling. On checking of the vehicle and personal search of the accused, recovery of tablets of pseudo-ephedrine was made.

(3.) After registration of FIR, the Investigating Officer approached the Illaqa Magistrate for issuing order for sending the samples for testing and accordingly the samples were sent for chemical examination vide memo dated 19.3.2013, which was returned by Central Forensic Science Laboratory, Chandigarh on the ground that certified reference material of pseudo-ephedrine is not available with the laboratory and, therefore, examination is not possible in the laboratory. Thereafter again an application was moved by the Investigating Officer with a request that orders be issued to the Director, Central Revenues Control Laboratory, New Delhi to get the parcel of samples examined and to give opinion whether it contains pseudo-ephedrine salt or otherwise. As per report of Central Revenues Control Laboratory, New Delhi, the presence of pseudoephedrine could not be ascertained. Again an application was moved before the Court for sending the samples to CFSL, Hyderabad, which was allowed vide order dated 24.5.2013.