IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellanious No.13803 of 2008 Md.Gopi @ Gopi Versus State Of Bihar --------- 08. 15.03.2011 The present application has been filed for quashing the orders dated 26.11.2007 and 18.02.2008 passed by Additional Sessions Judge- cum-Special Judge, Kishanganj in Special Case No. 16 of 2006, arising out of Kishanganj P.S. Case No. 253 of 2006, whereby learned Additional Sessions Judge-cum-Special Judge, Kishanganj refused to close the prosecution evidence and ordered to redraw the sample of the alleged seized contraband for its re-transmission to the Director, Forensic Science Laboratory, Patna Circle. Though by the part of the order dated 18.02.2008 summons were issued against nine persons in exercise of power under Sections 319 of the Cr.P.C. but petitioner is not aggrieved by the same since he is not one of the nine persons as he was facing trial being chargesheeted earlier. From perusal of the order dated 26.11.2007, it appears that learned Special P.P. pressed the petition dated 15.10.2007 for further supply of the sample of the seized contraband in pursuance to the letter of the Director, Forensic Science Laboratory, Patna. Learned Court below, from the recital of the letter, sent by the Director, Forensic Science Laboratory, Patna gathered that the Forensic Science Laboratory did not find the samples to be heroine but no specific report of the Forensic Science Laboratory was enclosed with the letter, hence learned Court below directed the Forensic Science Laboratory, Patna, firstly to transmit the report within 15 days with regard to the earlier sample transmitted and thereafter the Court below thought it proper to pass order with regard to the fresh supply of the sample and, thereby the petition of the accused for closure of the evidence was rejected. Subsequently, when no report was transmitted to the Director, Forensic Science Laboratory, Patna then vide order dated 18.02.2008, learned Court below directed the Officer-in-charge of the Kishanganj P.S. to take immediate steps to get the sample of the seized contraband to be sent afresh immediately to the Director, Forensic Science Laboratory, Patna. The procedure for seizure, drawing of its sample and the disposal of the alleged seized narcotic drugs and psychotropic substance is provided under Sections 52 and 52A of the N.D.P.S. Act, hereinafter called the Act. Section 57 N.D.P.S. Act deals with the report, arrest or seizure. The provisions under Sections 52A(2) and Section 52A(1) of the N.D.P.S. Act reads as follows:- “Where any narcotic drug or psychotropic substance has been seized and forwarded to the officer-in-charge of the nearest police station or to the office empowered under Section 53, the officer referred to in sub-section(1) shall prepare an inventory of such narcotic drugs or psychotropic substance containing such details relating to their description, quality, quantity, mode of packing, marks, numbers of such other identifying particulars of the narcotic drugs or psychotropic substances or the packing in which they are packed, may consider relevant to the identity of the narcotic drugs or psychotropic substances any proceedings under this Act and make an application, to any Magistrate for the purpose of (a) certifying the correctness of the inventory so prepared; or (b) taking, in the presence of such Magistrate, photographs of such drugs or substances and certifying such photographs as true; or (c) allowing to draw representative samples of such drugs or substances, in the presence of such Magistrate and certifying the correctness of any list of samples so drawn. Section 52A(1) reads as follows:- “The Central Government may, having regard to the hazardous nature of any narcotic drugs or psychotropic substances, their vulnerability to theft, substitution, constraints of proper storage space or any other relevant considerations, by notification published in the Official Gazatte, specify such narcotic drugs or psychotropic substances or class of narcotic drugs or class of psychotropic substances which shall, as soon as may be after their seizure, be disposed of by such officer and in such manner as that Government may from time to time, determine after following the procedure hereinafter specified.” Section 57 of the N.D.P.S. Act reads as follows:- “Whenever any person makes any arrest or seizure, under this Act, he shall, within forty- eight hours next after such arrest or seizure, make a full report of all the particulars of such arrest or seizure to his immediate official superior” From perusal of the aforesaid provisions, it appears that the samples have to be taken when it is forwarded to the Magistrate and it has to be forwarded without unnecessary delay, hence the direction to draw the samples afresh after one and half year of the alleged seizure is not only in contravention of the provisions of the N.D.P.S. Act but will amount to re-starting the investigation when the trial is on the verge of conclusion. The provisions for drawing of the sample immediately under the Act has a purpose, as drawing of sample after one and half year will not give accurate result while taking it to the lab for its chemical analysis, hence that part of the order dated 18.02.2008 appears to be contrary to the provisions of law, and accordingly that part of the order is hereby quashed. A supplementary affidavit filed on behalf of the petitioner reflects that the report of the Forensic Science Laboratory, Patna vide F.S.L. letters dated 06.08.2008 and 07.08.2008 have been received before the learned Trial Court. Let learned Trial Court consider the report in accordance with law. With the observations made above, the application stands disposed off. Shageer (Dinesh Kumar Singh, J)