Indian Kanoon - Search engine for Indian Law

(2013) 2 SCC 590.

KL,J

viii) On 07.12.2020, the Petitioner herein filed Crl.M.P.No.717 of 2020 before the Metropolitan Sessions Judge, Nampally, Hyderabad, seeking a direction to CFSL, Hyderabad to test the samples returned by CRCL, Chennai.

3-a) GROUNDS ON WHICH THE CRL.M.P.NO.717 OF 2020 WAS FILED:

i) The test report of CRCL, Chennai, dated 11.11.2020, is inconclusive as it could not verify the presence of Ephedrine and Mephedrone in the eight samples.

iv) Testing of samples remains in-conclusive for want of better facilities for testing. Therefore, testing by CFSL, Hyderabad would not amount to re-testing.

v) The Petitioner mentioned the samples to be tested as "appearing to be"/"alleged drug" as Ephedrine/Mephedrone both in test memos and covering letter to CRCL, Chennai.

vi) There is every probability that the alleged substance could have been intentionally claimed as other substance by the accused or the substance could have been either in the process of graduating to the alleged substance or is in the advanced stage of the alleged substance. The samples should be tested to find out the exact identity. If by any chance the sample is not a contraband, there would be no change in circumstances. The trial Court decided the case based on an inconclusive report not considering the complete testing of the samples for exact identity.

The investigation and trial cannot proceed based on inconclusive and unclear test reports. Neither party can take advantage of the non- identification of the samples. Therefore, when the identity of the samples cannot be ascertained or verified, it is a fit case to send the samples for re-testing to any laboratory that has all the requisite facilities.

19. In view of the above said settled legal position, coming to the facts of the case, as discussed supra, though the CRCL, Chennai, conducted test of 8 samples sent by the Petitioner, in its report dated KL,J 11.11.2020, it is specifically mentioned that the presence of Ephedrine and Mephedrone could not be verified. For exact identity, the samples may be forwarded to CFSL, Hyderabad and the same was confirmed by way of e-mail, dated 29.01.2021.

Therefore, the Petitioner herein had filed the present petition seeking a direction to the CFSL, Hyderabad to take unexpended samples taken on 20.10.2020 as received from the CRCL, Chennai, for chemical examination and report in the said crime. Thus, the CRCL, Chennai had conducted testing of 8 samples and the result of the test was inconclusive as the CRCL, Chennai could not verify the presence of the Ephedrine and Mephedrone. The finding of the trial Court that presence of Ephedrine and Mephedrone could not be verified means that no Ephedrine and Mephedrone was found is incorrect and it is not sustainable.