T.P.S.MANN, J. - (1.) PRAYER has been made for issuance of directions to the trial Court for taking fresh sample from the remaining material of case property after properly mixing the same and sending the same thereafter for re-examination by the Central Forensic Science Laboratory.
(2.) FIR No. 67 dated 3.3.2005 under Sections 18 and 25 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'the NDPS Act') was registered with the allegations that petitioner Resham Singh @ Pappu along with Suresh and Bindi s/o Jagir Singh fled away in the vehicle on 3.3.2005 when they saw a police party. While fleeing in the vehicle, they had to take an acute turn and in the process one plastic bag of white colour fell from the window of the vehicle. The same was opened and opium was recovered. Two samples of 20 grams each were taken and the remaining opium was weighed which came to 5 kgs. and 960 grams. The petitioner was later on arrested in the aforementioned FIR. It was claimed by him that he had been falsely implicated in the case and the story of his alleged escape from the spot was all a made up one. Further that the rest of the material allegedly recovered by the police was not opium nor any other narcotic substance, as the same was planted. He sent an application through his wife to Senior Superintendent of Police, Fatehabad for drawing another sample from the remaining material and sending the same to the laboratory for examination. As fresh sample was not drawn, the petitioner filed the present petition seeking issuance of directions for the said purpose.
(3.) REPLY has been filed by the State wherein a specific stand has been taken that there is no provision in the NDPS Act to take second sample of the contraband and sending it for analysis.;