- (1.) HEARD learned counsel for the applicant and learned A. G. A. for the State.
(2.) THE applicant by means of this application under Section -482 Cr. P. C. has invoked the inherent jurisdiction of this Court with the prayer to quash the order dated 27.6.2013 passed by the Additional Sessions Judge -V, Gautam Budh Nagar in Special Case No. 6/09, under Section -18/20 of N. D. P. S. Act.
(3.) LEARNED counsel for the applicant submitted that the applicant is facing trial for the offence punishable under Sections -18/20 of N. D. P. S. Act in the aforementioned case, which is pending before Additional Sessions Judge -V, Gautam Budh Nagar. He further submitted that the allegation against the applicant is that he was found in illicit possession of one kg. powder of Diazapam tablets. He next submitted that after the fifth prosecution witness had been examined during the trial, the applicant moved an application before the Sessions Judge with the prayer for obtaining report from the forensic laboratory regarding percentage of diazapam in the mixture allegedly recovered from the applicant's possession, which was allowed by him by his order dated 14.3.2013. However the forensic laboratory failed to forward its report although in the meantime, the applicant's trial proceeded and not only the prosecution evidence was closed and the applicant himself was also examined under Section 313 Cr. P. C. on 21.3.2013. He next submitted that despite repeated opportunities Forensic laboratory did not send its report and ultimately the learned trial Judge by the impugned order closed the opportunity to bring on record the report of purity test indicating the percentage of diazapam in the sample drawn from the mixture allegedly recovered from the applicant's possession, which according to the prosecution was diazapam powder. He lastly submitted that once the trial judge had allowed the applicant's prayer for being permitted to bring on record of the case purity test report of the substance allegedly recovered from the applicant for the purpose of determining the percentage of diazapam present therein, it could not have closed the opportunity to file the same, as has been done in the present case and as such the impugned order cannot be sustained and is liable to be set aside.;