Samitar Singh @ Ditta vs State of Punjab

Rajan Gupta, J.—This is a petition u/s 482 Cr.P.C.seeking quashing of order dated 20.11.2010 passed bySpecial Court Jalandhar, whereby application filed byPetitioner for sending second sample of the recoveredcontraband to the Forensic Science Laboratory was rejected.

Case was registered against the Petitioner forbeing in conscious possession of 2 kgs. of opium on25.3.2009. Two samples of 25 grams each were separated onthe spot by the investigating agency. Rest of thecontraband weighing 1 kg. 950 grams was sealed. One samplewhich drawn out of the contraband recovered was sent toForensic Science Laboratory, Amritsar vide Ex.PZ. Presenceof morphine to the extent of 6% was detected in the same.

Learned Counsel for the Petitioner has arguedthat in view of the judgment reported as Amar Singh v. State of Punjab 2004(2) RCR 487, the second sample could have been sent for analysis and thus, the trial court has erroneously rejected the prayer.

I have heard learned Counsel for the Petitioner.

The prayer of the Petitioner was rejected by thetrial court as no case was made out for sending the secondsample for analysis. The trial court observed that nosuggestion was given to any prosecution witness thatprosecution case was based on a sample which was unrelatedto the case. Finding no substance in the plea of thePetitioner, his plea to send the second sample for analysiswas rejected. Learned Counsel has not been able to pointout any infirmity legal or otherwise in the order passed bythe court below.

I am, thus, of the considered view that thepresent petition is without any merit and same is herebydismissed in limine.