THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL REVISION CASE NO.2399 OF 2010 ORDER: The accused seek to file this revision case against order dated 8-9-2010 passed by the I Additional Judicial Magistrate of the First Class, Tadepalligudem in Crl.M.P.No.7503 of 2010 in C.C.No.397 of 2010 refusing to send the sample which was in custody of the accused to Superior Government Analyst at Hyderabad under Section 25 (4) of the Drugs and Cosmetics Act (in short, the Act). The subject drug was analyzed by the State laboratory initially. The accused took steps to send the same to Central Laboratory questioning report of the State laboratory. The said exercise was also completed by the lower Court and report of the Central Drug Laboratory, Kolkata after analysis of the subject drug was obtained. Now, the accused want that another sample which is in his custody to be sent to Superior Government Analyst at Hyderabad for further analysis and report. After completion of exercise under Section 25 (4) of the Act by sending the drug for analysis to Central Drug Laboratory, Kolkata and obtaining report therefrom, the Act does not provide for sending a third sample to another Government Analyst through the Court. In case the accused intends to get further report from any other expert analyst, then it is open to the accused to send the sample, which is in his custody, to such an expert analyst and to obtain a report from him and to file the said report into Court and to prove the said report by examining the said third analyst as a defence witness in the criminal case. Without doing so, the accused cannot invoke Section 25 (4) of the Act again and again. It is nothing but abuse of process of Court. The order passed by the lower Court does not suffer from any infirmity. Hence, the Criminal Revision Case is dismissed. _________________________________ SAMUDRALA GOVINDARAJULU,J Rkk Dated: 29-12-2010