Madras High Court
Jeyapaul vs State Rep. By Its on 13 September, 2022
Crl.R.C.(MD).No.875 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13.09.2022
CORAM
THE HONOURABLE MR. JUSTICE G.ILANGOVAN
Crl.R.C.(MD).No.875 of 2022
and Crl.M.P.(MD).No.10910 of 2022
Jeyapaul ... Petitioner/Accused No.4
Vs.
State rep. by its
Inspector of Police,
Mathichiyam Police Station,
Mathichiyam, Madurai City. .. Respondent/Respondent
PRAYER: This Civil Revision Case is filed under Sections 397 and 401 of
the Criminal Procedure Code, to call for the records relation to the order,
dated 06.07.2022, passed by the learned Additional District Judge/Presiding
Officer, the 1st Additional Special Court for EC and NDPS Act Cases,
Madurai, in Cr.M.P.No.642 of 2022 in C.C.No.556 of 2021 and set aside the
same and allow the above Criminal Revision Petition as prayed for.
For Petitioner : Mr.A.Jeyaram
For Respondent : Mr.T.Senthil Kumar
Additional Public Prosecutor
ORDER
This Criminal Revision Case has been filed against the order passed
in Cr.M.P.No.642 of 2022 in C.C.No.556 of 2021 on the file of the 1 st
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Crl.R.C.(MD).No.875 of 2022
Additional Special Court for EC and NDPS Act Cases, Madurai, dated
06.07.2022.
2.This petitioner/A4 has filed the petition before the trial Court under
Section 2(a) of the NDPS Act and under Section 45 of the Evidence Act
praying the Court to weigh the entire case property and send the samples
from the case property to the Chemical analysis for re-testing. The same
was dismissed by the trial Court observing that as per the Judgment of the
Honourable Supreme Court in the case of Thana Singh Vs. Central Bureau
of Narcotics, reported in 2013 Crl.L.J. 1262, any requests as to re-
resting/re-sampling shall be made within 15 days from the date of receipt of
the report. However, only in exceptional circumstances, such type of
applications can be entertained.
3.According to the learned Additional Public Prosecutor the
application before the trial Court was not properly filed. Even as per the
order of the trial Court in para No.6, the sample was taken on 21.06.2021
and sent for analysis on 08.09.2021 and the analysis report dated
15.09.2021 was received by the Court on 08.10.2021 and the report
concludes that the samples are Ganja. This petition for re-resting has been
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Crl.R.C.(MD).No.875 of 2022
filed only on 09.06.2022. So admittedly, within 15 days, the above said
request has not been sent. Since the petitioner was sent to the prison,
unless a strong case is made out by the petitioner for re-testing that cannot
be entertainable.
4.According to the petitioner, absolutely the sample that was taken
from the petitioner is not Kanja, it is only cow-dung powder and that was
not sent for analysis. It is purely a put up case. Since it is a dispute between
father and son, based on the complaint given by the father, the petitioner
was taken to police station.
5.Whether it is a false case or not, it is a matter for consideration
during the trial. Unless a strong case has been made out by the petitioner,
application for re-testing cannot be entertained. At the time of framing the
charge, this petition came to be filed by the petitioner. Therefore, I find no
illegality in the order passed by the trial Court. The trial Court has rightly
rejected the request of the petitioner. This Court is not inclined to interfere
with the order passed by the trial Court under Section 397 Cr.P.C. This
Criminal Revision Case deserves to be dismissed.
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Crl.R.C.(MD).No.875 of 2022
5.Accordingly, this Criminal Revision Case is dismissed.
Consequently, connected miscellaneous petition is closed.
13.09.2022
Index : Yes / No
Internet : Yes / No
TM
To
1.The I Additional Special District Judge, 1st Additional Special Court for
EC and NDPS Act Cases, Madurai.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis
Crl.R.C.(MD).No.875 of 2022
G.ILANGOVAN,J.
TM
Crl.R.C.(MD).No.875 of 2022
13.09.2022
https://www.mhc.tn.gov.in/judis
