Re-drawing of sample is not permissible merely because prosecution is not satisfied by report received with regard to first sample of contraband sent to FSL

In this case, the accused was allegedly found in possession of 734 grams of heroin. Two samples were drawn from recovered contraband sent to RFSL. As per the report of RFSL, no common narcotic drug could be detected in samples. Being dissatisfied with the RFSL report, the prosecution filed an application before the trial Court seeking permission to draw another sample from the remaining case property and sent it to FSL for fresh analysis.

Trial Court observing that two samples drawn from recovered contraband had been sent to RFSL, inadvertently, for which police official at fault is facing departmental action and since contraband recovered in case amounts to commercial quantity, for just and fair trial and in the interest of justice, allowed application filed by the prosecution for drawing another sample.

Accused being aggrieved by order of Trial Court challenging order allowing application of prosecution to draw the second sample from recovered case property.

Held, re-drawing of the sample cannot be done by the prosecution simply because it is not satisfied by the report received concerning the first sample sent to FSL. Hence, the order allowing application of prosecution to draw a second sample from recovered case property, is liable to be set aside.

Counsel appearing: Mr. Aditya Sanghi, Mr.Karan Garg

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