Madras High Court
H.Swaminath vs State By Inspector Of Police on 3 August, 2017
Author: M.S.Ramesh
Bench: M.S.Ramesh
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03.08.2017 CORAM THE HONOURABLE Mr.JUSTICE M.S.RAMESH Crl.O.P.No.1314 of 2017 & Crl.M.P.No.922 of 2017 H.Swaminath ... Petitioner Vs State by Inspector of Police, Team XIX, Conventional (Crime), Central Crime Branch, Veppery, Chennai 600 007. ... Respondent Prayer: This petition filed under section 482 of Criminal Procedure Code, praying to call for the records in Crime No.119 of 2015 on the file of Inspector of Police, Team XIX, Conventional crime, Central Crime Branch, Veppery, Chennai 600 007 and quash the F.I.R in the above case in Crime No.419 of 2015 in so far as it relates to the petitioner herein. For Petitioner : Mr.R.Rajan For Respondent : Mr.P.Govindarajan, Additional Public Prosecutor. O R D E R
The petitioner has challenged the investigation in F.I.R.No.119 of 2015, wherein he has been charged under section 8(c) read with section 21(c) and 29 of the NDPS Act. It is seen that when the seized samples were sent for chemical analysis to the Central Forensic Science Laboratary, Hydrabad, by a report dated 22.03.2017, the result of the examination was sent .
The result of the examination is as follows:-
The exhibits were analyzed by Physico Chemical examination, colour tests and Fourier Transform Infrared Spectroscopy (FT-IR) and Gas Chromatography Mass Spectrometry (GC-MS) methods. Based on the above methods, the results obtained are given below:
1. Heroin, Ketamine and Mescaline were not detected in the exhibits marked as Exhibits S2, S4, S6 and S8 respectively.
2. Morphine, Cocaine, Cannabis products, MDMA, Methamphetamine, Ephedrine and LSD were not detected in the exhibits marked as Exhibits -S2, S4, S6 and S8 respectively.
3. However, Urea was detected in the exhibits marked as Exhibits-S2 and S4.
4. Ammonium, Potassium and Sulphate ions were detected in the exhibit marked as Exhibit- S6.
5. Ammonium, Potassium and Chloride ions were detected in the exhibit marked as Exhibit -S8.
2. As such, since Heroin, Ketamine and Mescaline were not detected in the exhibits, the offence under Sections 8(c) r/w. 21(c) 29 of the NDPS Act alleged in the First Information Report in Crime No.119 of 2015 has not been made out.
3. In view of the same, the investigation in First Information Report in 119 of 2015 is quashed. The Criminal Original Petition stands allowed. Consequently, connected miscellaneous petition is closed.
03.08.2017
Index : Yes/No
Internet : Yes/No
mrp
To
1.The Inspector of Police,
Team XIX, Conventional (Crime),
Central Crime Branch,
Veppery,
Chennai 600 007.
2. The Public Prosecutor,
High Court, Madras.
M.S.RAMESH, J.
mrp
Crl.O.P.No.1314 of 2017
03.08.2017