TMI Blog2014 (2) TMI 490X X X X Extracts X X X X X X X X Extracts X X X X ..... and Psychotropic Substances Act. - sending of the 2nd sample for analysis does not - it is for the trial court to alter the charges framed against the petitioner accordingly and proceed with the trial taking into account the said fact. - Decided against the petitioner. - Criminal Revision Case No. 1610 of 2013 - - - Dated:- 27-1-2014 - A. Arumughaswamy,JJ. For the Petitioner : Mr. M. Sha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ereafter, he was arrested and remanded to judicial custody by the learned Additional Chief Metropolitan Magistrate, E.O.II, Egmore, Chennai. Then the respondent filed a report stating that the report reveals that the drug was only 'Methamphetamine Hydrochloride'. But at the time of seizure, the respondent tested the sample through the test kit and stated that it is only a 'Ephedrine Hydrochloride' ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the petitioner would further submit that since the prosecution has stated the names of two different drugs, it is necessary to send the second sample for retesting to any other laboratory. Hence, he would pray to allow the present revision. 4. Learned Special Public Prosecutor appearing for the respondent would contend that sending of second sample for analysis is totally unnecessary and tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ereafter, the samples have been sent to the chemical laboratory to ascertain the name of the drug and whether it comes under any of the scheduled drugs. Accordingly, they have sent the samples to the chemical laboratory. The Chemical Analyst after examining the samples has given a report stating that the samples of seized contraband is only a drug by name 'Methamphetamine Hydrochloride' and they h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat both are narcotic drugs and possession of these two drugs is punishable under the Narcotics Drugs and Psychotropic Substances Act. Therefore, I am of the view that sending of the 2nd sample for analysis does not arise. At the same time, it is for the trial court to alter the charges framed against the petitioner accordingly and proceed with the trial taking into account the said fact. It is ma ..... X X X X Extracts X X X X X X X X Extracts X X X X
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