Rakesh Srikant Khanivadekar ... vs Union Of India And Anr
2021 Latest Caselaw 17472 Bom

          Digitally
          signed by                                                2-WP-2097-2021.odt
          SHAMBHAVI
SHAMBHAVI NILESH
NILESH    SHIVGAN
SHIVGAN   Date:
          2021.12.15
          17:55:10
          +0530
                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CRIMINAL APPELLATE JURISDICTION

                                   WRIT PETITION NO.2097 OF 2021

                       Rakesh Srikant Khanivadekar
                       Alias Rocky Alias Raju                             ...Petitioner
                             Vs
                       Union of India & Anr.                            ... Respondents

                                                     ...

Mr. Vimal C. Jha for the Petitioner.

Ms. Raju R. Thakker for DRI-R.No.1.

Mr. Y.M.Nakhawa, APP for the Respondent No.2-State.

CORAM : SANDEEP K. SHINDE J.

DATE : DECEMBER 15, 2021.

P.C. :

The Additional Sessions Judge, Thane vide order

dated 7th October, 2020 directed Intelligence Officer, to take

appropriate steps for sending the samples for "Re-testing".

2 This order is assailed in the Writ Petition under

Article 227 of the Constitution of India.

                       Shivgan                                                            1/3
                                            2-WP-2097-2021.odt




3          Samples in question were sent for chemical

analysis to the Deputy Chief Chemist, New Customs House,

Mumbai on 30th April, 2020. Report was received on 13 th

May, 2020. Eleven samples were sent for analysis; out of

which one set of five samples and another set of six

samples, were sent for analysis before two different analysts

in the same laboratory. Six samples were tested 'Positive'

and balance five were found inconclusive in nature. It

appears, as per the advice of Chemical Analyser, balance

five samples were required to be tested further. As such,

prosecution moved an application seeking permission to

forward five samples for, 're-testing'.

4 The learned Additional Sessions Judge upon

perusing the judgment of the Apex Court in the case of

Thana Singh v. Central Bureau of Narcotics in Criminal

Appeal No.1640 of 2010 dated 23rd January, 2013, granted

Shivgan 2/3 2-WP-2097-2021.odt

the application, in view of the fact, that application for re-

testing was moved within stipulated period of 15 days from

the date of receipt of first Report. I do not see, the learned

Sessions Judge has committed any error in the exercise of

the jurisdiction.

5 In view of the facts of the case and for the

reasons stated above, petition is dismissed.

                                   (SANDEEP K. SHINDE,J.)




Shivgan                                                          3/3