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4. The report of the Chemical Examiner, Kharar was obtained, as per which the sample contained Paracetamol. The copy of the said report dated 18.07.2012 is attached as Annexure P-2.
5. The investigating agency moved an application dated 11.01.2013 (Annexure P-3) for sending the second sample for analysis to the Chemical Examiner.
6. Co-accused Chander Parkash @ Chander filed a petition bearing No. CRM-M-2667 of 2014 contending that the report of the Chemical Examiner had only shown 'Paracetamol' and the second sample could not have been sent for re-analysis. In that petition, notice of motion was issued on 24.01.2014 but the proceedings was not stayed.
second sample was ordered. A copy of the order dated 04.03.2020 is attached as Annexure P-10 to the petition.
15. The instant petition has been filed seeking quashing of the proceedings including the order framing charges dated 26.11.2018 (Annexure P-9) as the proceedings qua the co-accused already stand quashed.
16. The learned counsel for the petitioner contends that after the first sample was found to contain 'Paracetamol', the second sample ought not to have been sent for re-analysis in the absence of any special circumstances warranting the same. This had been so held in the judgments in 'Thana Singh versus Central Bureau of Narcotics, 2013(1) RCR (Criminal) 861, Laxmi Nagappa Koli versus Narcotic Control Bureau and another 2014(4) Crimes 457 and Amarjit Singh versus State of Punjab 2013(4) RCR (Criminal) 524' . Even otherwise, as the proceedings qua the co-accused/Chander Parkash @ Chander stood quashed, the pendency of these proceedings would be an exercise in futility and therefore, the proceedings including the order framing charges (Annexure P-9) and subsequent proceedings arising therefrom qua the petitioner were also liable to be quashed.
Heroin has not been detected in the Exhibit S-II. However, Paracetamol and Fervunulin detected in Exhibit S-II."

The result of the Forensic Science Laboratory, Mumbai was as under:

"The sample is in the form of light brown colour powder. It is composed of Nitrogen bearing Organic Compound. For exact identification of the sample u/r more instrumental analysis like I.R. Spectroscopy is required, which is not available here at present. Therefore, sample may be forwarded to C.F.S.L. Hyderabad. Remnant Sample is being returned in a sealed envelope. The facsimile of seal affixed on sealed envelope is given below."

(emphasis is ours)

5. We have given our thoughtful consideration to the submissions advanced at the hands of the learned counsel for the rival parties. It is no doubt true that the Forensic Science Laboratory, Mumbai, in its report dated 7.3.2013 had clearly opined, that it did not have sufficient infrastructure to test the sample provided to it by the respondents, and as such, required the respondents to have the same tested by another laboratory. What however, cannot be overlooked is, that a separate sample which was sent to the Forensic Science Laboratory, Hyderabad, which clearly recorded a conclusion, that the sample contained Paracetamol and Fervunulin. The instant determination by the Forensic Science Laboratory, Hyderabad is clear, categoric and specific. The same cannot be overlooked under any circumstances.