TMI Blog2021 (1) TMI 1054X X X X Extracts X X X X X X X X Extracts X X X X ..... 37 of 2020 (O&M) - - - Dated:- 27-1-2021 - Hon'ble Mr. Justice H. S. Madaan Mr. Aditya Sanghi, Advocate for the petitioner Mr.Karan Garg, Assistant Advocate General, Haryana ORDER H. S. Madaan, J. (Oral) Case taken up through video conferencing. Petitioner- Badar Ram son of Pema Ram, aged about 25 years, resident of Devasio Ka Bad, Akadawas, Police Station Randi, District Pali, Rajasthan, an accused in FIR No. 39 dated 20.1.2020, for offences under Sections 21/27-A of NDPS Act, registered at Police Station City Rewari, District Rewari, has brought the present petition under Section 482 Cr.P.C. seeking quashing of impugned order dated 24.9.2020, passed by Sessions Judge, Rewari , vide which such Court has ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in this case amounts to commercial quantity, for just and fair trial and in the interest of justice the application deserves to be accepted and it was allowed accordingly, leaving the accused aggrieved, who has approached this Court by way of filing the present petition. Notice of the petition was given to the State, which has put in appearance through State counsel. I have heard learned counsel for the petitioner learned State counsel, besides going through the record. Learned counsel for the petitioner has pressed into service the judgment of the Apex Court Thana Singh vs. Central Bureau of Narcotics 2013 (1) RCR (Criminal) 861, the relevant paras of which are paras No. 23 and 25, which are reproduced for ready reference :- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a time period of thirty, ten and twenty days respectively for filing an application for retesting. XXX XXXX 25. Therefore, keeping in mind the array of factors discussed above, we direct that, after the completion of necessary tests by the concerned laboratories, results of the same must be furnished to all parties concerned with the matter. Any requests as to re-testing/re-sampling shall not be entertained under the NDPS Act as a matter of course. These may, however, be permitted, in extremely exceptional circumstances, for cogent reasons to be recorded by the Presiding Judge. An application in such rare cases must be made within a period of fifteen days of the receipt of the test report; no applications for re-testing/re-samp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tted at the first instance by the Chemical Examiner. (vi) In case the same itself was tampered with at the instance of the accused or at the instance of the Chemical Examiner, of course the prosecution can pray for fresh test by another Laboratory of the sample already kept or the sample already drawn from the bulk of the quantity. (vii)Unless there is a strong material to dislodge the report submitted by the competent Chemical Examiner the second report submitted by the Central Forensic Science Laboratory Hyderabad cannot at all be accepted by the Court. 1995(2) RCR (Criminal) 311, Distinguished. Learned counsel for the petitioner has contended that the present eventuality has been clearly dealt with in the Division Bench judgmen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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