NDPS Act | Contraband May Be Retested Under Extremely Exceptional Circumstances By Citing Cogent Reasons: Madhya Pradesh High Court
The Madhya Pradesh High Court, Indore Bench recently held that the application for retesting of sample of contraband seized in an NDPS Act case may be allowed provided that the Prosecution is able to justify it with cogent reasons. However, it added, such an application can be moved only under exceptional circumstances. Placing reliance on the decision of the Apex Court in Thana Singh...
The Madhya Pradesh High Court, Indore Bench recently held that the application for retesting of sample of contraband seized in an NDPS Act case may be allowed provided that the Prosecution is able to justify it with cogent reasons. However, it added, such an application can be moved only under exceptional circumstances.
Placing reliance on the decision of the Apex Court in Thana Singh v. Central Bureau of Narcotic, the bench comprising Justice Anil Verma further observed that the application for retesting the samples has to be moved within 15 days of receiving the results of the first test-
Perusal of the aforesaid judgment shows that the application for re-testing of the sample can be allowed, if there are extremely exceptional circumstances for cogent reason and the application must be made within 15 days from the date of receipt of report, but the same cannot be allowed as a matter of course and without any compelling circumstances. In the instant case, the prosecution filed an application for re-testing of the sample within 15 days and the report of GOAW, Neemuch specifically stated in its report that the sample shall be forwarded for retesting to CRCL New Delhi. The CRCL New Delhi is an advanced laboratory in comparison to GOAW, Neemuch. Opinion of an expert is useful for the Court to make opinion regarding the seized contraband, therefore, in the circumstances of the case, it appears that there is extremely exceptional circumstances, in which re-testing of the sample is quite necessary. The trial Court did not consider all these aspect. Re-testing of the sample is quite necessary in the instant case.
Facts of the case were that the investigating agency had sent a sample of seized contraband (heroin) to the laboratory for testing. The report suggested that the samples be forwarded to CRCL New Delhi for its exact identification characterisation and quantification of opiate before taking any executive decision. Accordingly, the Prosecution moved an application before trial court, seeking permission to send the samples to Delhi for re-testing. However, the trial court rejected the application on the ground that the case did not fall under the exceptional circumstances as laid down in Thana Singh case. Aggrieved, the State moved the Court.
State submitted before the Court that the impugned order was bad in law as it were the experts themselves who had advised that the samples be sent to the advanced lab in Delhi for re-testing. It was submitted that the lower court rejected the application without considering the provisions under the NDPS Act. Thus, it was prayed that they be allowed to send the samples for re-testing.
Examining the submissions of parties and documents on record, the Court found merit in the arguments put forth by the State. Accordingly, the petition was allowed and the State was permitted to send the samples of the seized contraband for retesting.
Case Title: UNION OF INDIA VERSUS GOVIND
Citation: 2023 LiveLaw (MP) 6