| HC raps NCB, sets aside NDPS proceedings over illegal sample re-testing | | | Early Times Report
JAMMU, Feb 16: In a significant ruling, the High Court of Jammu & Kashmir and Ladakh has quashed the charge-sheet and all consequential proceedings in an NDPS case, strongly rapping the Narcotics Control Bureau (NCB) for seeking re-testing of samples without any legal justification. The court held that such re-testing, ordered merely to overcome an unfavourable laboratory report, is impermissible under law.
Justice Rajesh Sekhri allowed Bail Application filed by Mohd. Mansha and others, observing that the prosecution had failed to make out a prima facie case under the NDPS Act. Consequently, the charge-sheet pending before the Principal Sessions Judge, Rajouri, along with all consequential orders, was set aside and the petitioners were granted bail.
The petitioners were arrested by NCB, Jammu, in April 2024 after alleged recovery of 870 grams of contraband from a vehicle in Rajouri district. However, the first sample sent to CRCL, New Delhi, did not test positive for heroin or any other narcotic drug, though it indicated the presence of Viagra. Despite this clear report, the prosecution moved an application for re-testing of the second sample, which was allowed by the trial court, leading to a subsequent report from CFSL Chandigarh detecting Tramadol and other substances.
The High Court held that the re-testing was ordered mechanically and "on mere asking" of the prosecution, without recording any cogent or exceptional reasons, as mandated by law. Relying on the Supreme Court judgment in Thana Singh v. Central Bureau of Narcotics, the court reiterated that re-testing or re-sampling under the NDPS Act is strictly prohibited except in extremely rare and exceptional circumstances.
Terming the approach of both the investigating agency and the trial court as contrary to settled legal principles, the court concluded that the allegations in the charge-sheet did not disclose the commission of any cognisable offence and therefore could not be sustained. (JNF) |
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