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Judgment
5 paragraphs · 274 wordsK.C. Gupta, J.
This petition has been filed under Section 482 Cr. P.C. for setting aside the order, Annexure P1, dated 15.6.2002 passed by Additional Sessions Judge, Ferozepur whereby he had dismissed the application of the petitioner, Annexure P2 filed in case FIR No. 63, dated 3.6.1996, under Sections 18/61/85 of the N.D.P.S. Act, registered at Police Station Mamdot, District Ferozepur for sending the second sample of opium to the Central Laboratory for reanalysis.
In my opinion, the application has been wrongly dismissed. Even if there is some delay on the part of the petitioner for making a request to send the second sample for reanalysis, then also it should have been allowed because even at the defence stage, the petitioner was entitled to ask for the second sample to be sent for reanalysis. It has been observed by Kerala high Court in State of Kerala v. Deepak, 2001(3) RCR(Criminal) 216 (Kerala) that even in the absence of specific provision, request for sending a second sample for analysis can be allowed if interest of justice so demands. In the present case interest demands that the second sample should be got analysed from the Central Laboratory to establish positively the case against the petitioner.
In such circumstances, impugned order dated 15.6.2002, Annexure P1, being illegal, is set aside. The trial Court is directed to send the second sample for analysis to the Central Laboratory, Chandigarh. If the second sample has already not been taken, then the case property be opened and second sample be taken from the bulk opium.
Now the petitioner is directed to appear before the trial Court on 24.7.2003.