- (1.) Present petition has been filed under Section 482 Cr.P.C for quashing of the order dated 13.6.2012 passed by Judge Special Court, Jallandhar (Annexure P-4) vide which the application of the prosecution (Annexure P-3) for sending the sample for re-analysis has been allowed.
(2.) The facts of the FIR (Annexure P-1), in brief, are as under: On 22.4.2012, Mandeep Singh, ASI, Model Police Station, Shahkot, Jallandhar was patrolling along with police team in a private vehicle for investigation of case No. 56 dated 21.4.2012 under Sections 392, 323, 34 IPC at Police Station Shahkot. They reached at house of Kulwant Singh @ Kanti R/o Rerwan at the gate and saw one man and a women coming out. Man was holding one envelope containing some article and woman was holding one purse. On seeing the police, they immediately tried to reverse. On suspicion, they were apprehended. Their names and address were asked. On asking they told their names as Kulwant Singh @ Kanti son of Satnam Singh and Sandeep Kaur @ Mandeep Kaur wife of Kulwant Singh @ Kanti Caste Jat resident of Rerwan. Mandeep Singh, ASI told them his name,rank and police station and further told them that they had suspicion that they have some intoxicant article. He further told them that they have a legal right to be searched from some Gazetted Officer or from some Magistrate. They consented for the search but refused to sign on the fard. As such ASI, Mandeep Singh gave an information to Inspector/SHO and called him at the spot. On the direction of SHO, ASI, Mandeep Singh and Lady Constable Vipanjeet Kaur searched Kulwant Singh @ Kanti and Sandeep Kaur respectively. From both of them 250 grams/250 grams totalling 500 grams heroin was recovered. Out of this recovery, two samples each weighing 5 grams were taken out. Rest of the recovered heroin was weighed which came to be 245/245 grams each. Two samples heroin weighing 05/05 grams and two envelopes heroin both 245/245 grams were sealed in two different plastic dibbies. In this background FIR No. 59 dated 22.4.2012 was registered under Sections 21, 61, 85 NDPS Act at police station Shahkot.
(3.) After the alleged recovery of the contraband both these samples were sent to the Chemical Examiner to find out whether the sample was the heroin or not. As per report of the Chemical Examiner, the samples which were sent by the police through his own agency does not contain the contents of the heroin i.e. (Diacetyle and Morphine). Hence it was not found to be contraband under the NDPS Act.;