Kulbir Singh vs State Of Punjab
2023 Latest Caselaw 11053 P&H

                                                          Neutral Citation No:=2023:PHHC:096362




CRR-879-2023                                          N.C.No.2023:PHHC:096362

                                                                                    -1-

           IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH

111                                                      CRR-879-2023 (O&M)
                                                         Date of decision: 27.07.2023

Kulbir Singh
                                                                           .....Petitioner
                                 Versus

State of Punjab
                                                                        ..... Respondent

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY

Present:     Mr.K.B. Raheja, Advocate for the petitioner

AMAN CHAUDHARY, J.

1. The present revision petition has been filed against the order dated

31.01.2023 passed by learned Judge, Special Court, Moga vide which the

application filed by the petitioner for re-testing the sample was dismissed.

2. Briefly put, the facts of the present case are that the FIR was

registered on the statement of ASI Darahan Singh. The case of the prosecution is

that the police officials conducted personal search of petitioner Kulbir Singh and

his motorcycle in the presence of DSP and found Intoxicant vials and one

polythene packet in his left pocket of the tracksuit, which contained narcotic

powder. The same when measured on a computer weighing machine and came to

300 gms, which was converted into parcel. The alleged sample parcels were sent

for chemical examination to Regional Testing Forensic Science Laboratory

Punjab, Ludhiana on 14.12.2020, the report whereof, was received on 28.01.2021.

Thereafter, the petitioner filed an application before the Special Judge, Moga

praying to draw the sample from the case property or in alternative the second

sample allegedly drawn, be sent to some other Forensic Science Laboratory for

retesting, which came to be dismissed.

                                      1 of 3

                                                            Neutral Citation No:=2023:PHHC:096362




CRR-879-2023                                           N.C.No.2023:PHHC:096362

3. Learned counsel for the petitioner contends that the trial Court has

wrongly dismissed the application, since as per the FSL report, ingredient of

Opdol injection have been shown as Pheniramine Maleate, which is not possible

and there is apprehension of exchange of the sample parcels. The FSL report being

faulty, will cause a dent to the case of accused-petitioner. Thus, he prays for taking

fresh samples from the case property and to get the same re-tested.

4. Heard.

5. It is apposite to refer to the impugned order, the relevant para of

which reads thus:

"Admittedly, NDPS Act does not permit for retesting or re- sampling of analysis and re-testing can be permit only under extremely exceptional circumstances and cogent reason and application in this regard must be filed within a period of 15 days from the receipt of report of FSL and beyond that period no such application should be entertained. In the present case, report of FSL was received on 14.12.2020 and thereafter, the present application has been moved by the accused/applicant on 01.04.2022 and thus, the application has neither been filed within the period of 15 days of the receipt of its report nor any exceptional circumstances or cogent reason is made out. The accused/applicant has a right to file the application to cross examine the chemical examiner who tested the sample and accused can lead his defence in this regard. The case laws relied upon by the learned defence counsel are not applicable to the facts and circumstances of the present case. Accordingly, present application is devoid of any merits and same is hereby dismissed..."

6. It would be worthwhile to make a reference to the judgment of

Hon'ble The Supreme Court in the case of Thana Singh vs. Central Bureau of

Narcotics, (2013) 2 SCC 590, wherein it was held that, "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 Narcotic Drugs and Psychotropic

2 of 3

Neutral Citation No:=2023:PHHC:096362

CRR-879-2023 N.C.No.2023:PHHC:096362

Substances 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-

sampling shall be entertained thereafter. However, in the absence of any

compelling circumstances, any form of retesting/re-sampling is strictly prohibited

under the Narcotic Drugs and Psychotropic Substances Act."

7. In the case at hand, not only was the application filed after a period of

1 year 4 months, from the date on which the FSL report was received, but no

extremely exceptional circumstances have been brought out, as held in Thana

Singh (supra), on the basis of which the prayer made by the petitioner could be

acceded to. This Court finds there to be no illegality or infirmity in the impugned

order, requiring any intervention.

8. Resultantly, the present petition being bereft of any merit, is hereby

dismissed.

27.07.2023                                         (AMAN CHAUDHARY)
S.Sharma(syr)/gsv                                       JUDGE

Whether speaking/reasoned        :            Yes / No
Whether reportable               :            Yes / No




                                                         Neutral Citation No:=2023:PHHC:096362

                                     3 of 3