Re-Testing Of Drugs in NDPS Cases
The Rajasthan High Court has reaffirmed that re-testing of drugs in NDPS cases is not permitted as a routine practice. Such actions are allowed only in rare and exceptional circumstances. Trial Courts must provide clear reasons and establish valid grounds before allowing re-testing.
Case Background
The Court was hearing a quashing petition linked to an NDPS case. Police had arrested the petitioners after recovering a suspected drug from their house. However, the FSL report confirmed no contraband was present. Control samples were later sent for testing but were not approved by the lab. Eventually, no narcotic substances were detected in any sample.
Petitioner’s Stance
The petitioners claimed innocence based on the negative FSL report. They argued that the entire case was baseless due to the lack of narcotic evidence.
Court’s Ruling
Justice Farjand Ali referred to the Supreme Court’s ruling in Thana Singh v. CBN. That judgment clarified that the NDPS Act does not allow re-sampling or re-testing unless exceptional reasons exist. The Court emphasized that repeated re-testing violates the legislative intent, as the Act intentionally omits such provisions.
The Court ruled that requests for re-testing must be filed within 15 days of receiving the FSL report. It should be entertained only if the sample is damaged, deteriorated, or consumed. Even in such rare cases, Trial Courts must record specific reasons for allowing re-testing.
Final Verdict
The Court quashed the case against the petitioners due to the absence of narcotic substances. It also directed the DGP, Rajasthan, to issue written communication within 60 days. All SHOs must be informed about the ruling. The Registrar General was instructed to circulate the order to all Judicial Officers handling NDPS cases, urging strict compliance.
