- (1.)Leave granted.
It is not a matter of dispute that the seizure admittedly took place on 17-2-2013. It was alleged that the seized material was heroin. Two samples of the seized material were sent for testing. The first one to the Central Forensic Science Laboratory, Hyderabad, and the other to the Central Forensic Science Laboratory, Mumbai.

(2.)The report of the Central Forensic Science Laboratory, Hyderabad, was to the following effect:
"The Exhibits were analyzed by Colour Test, TLC and Gas Chromatography-Mass Spectroscopy (GC-MS) methods. Based upon the above methods the results are given below. Heroin has not been detected in the Exhibit S-II. However, Paracetamol and Fervunulin detected in Exhibit S-II."

The result of the Forensic Science Laboratory, Mumbai was as under : "The sample is in the form of light brown colour powder. It is composed of Nitrogen bearing Organic Compound. For exact identification of the sample under Rule more instrumental analysis like I.R. Spectroscopy is required, which is not available here at present. Therefore, sample may be forwarded to C.F.S.L. Hyderabad. Remnant Sample is being returned in a sealed envelope. The facsimile of seal affixed on sealed envelope is given below."

(3.)Premised on the fact, that the Central Forensic Science Laboratory, Mumbai was not fully equipped, to chemically test the sample sent to it for examination, the respondents before this Court moved an application, for getting a third sample tested from an approved Forensic Science Laboratory. The instant prayer made by the respondents was acceded to by Special Judge, N.D.P.S., Thane, vide an order dated 30-4-2013. A challenge raised to the above order passed by the trial Court, was rejected by the High Court, through the impugned order dated 19-7-2013.