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Rajesh Kumar Gupta v. State Of U.P. & Another - APPLICATION U/s 482 No. 11825 of 2007  RD-AH 10285 (30 May 2007)
Crl. Misc. Application no. 11825 of 2007
Rajesh Kumar Gupta . . . . . . . . . . . . . . . . . . . . . . Applicant.
State of U.P.and another. . . . . . . . . . . . . . . . . . . . .Opposite-Parties. ---
Hon'ble R.K. Rastogi,J.
This is an application under section 482 Cr.P.C. to quash the proceedings of case crime no.431 of 2006 under section 8 /21, The Narcotic Drugs and Psychotropic Substances Act police station Jagdishpura district Agra.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The facts relevant for disposal of this application are that on 21.10.2006 at 0.30 A.M. One kilogram heroin was allegedly recovered from possession of the applicant. Its sample was sent for chemical examination to the Forensic Science Laboratory, Agra. The report from the said laboratory was received and according to that report no heroin was found in the sample. Thereafter the prosecution moved an application for sending it to Forensic Science Laboratory, Lucknow. It appears from perusal of the order dated 12.4.2007 passed by the Addl. Sessions Judge Court no. 10, Agra that the report received from the Lucknow was also in the negative. The prosecution doubted this report also and so it moved an application for sending three more samples to the Forensic Science Laboratories at Delhi, Hyderabad and Chandigarh. That application was allowed and three more samples were sent to the aforesaid three laboratories. The applicant has moved this application for quashing the proceedings of case on the basis that two reports are in his favour and so the proceedings should be dropped.
I do not agree with the above contentions of the applicant. It is to be seen that he has already been granted bail taking into consideration the reports in his favour, but when the prosecution has again sent three samples to the Forensic Science Laboratories at Delhi, Hyderabad and Chandigarh for chemical examination, it will be pre-mature to hold at this stage that no case is made out against the applicant, and the finding on this point can be recorded only after receipt of the reports of the aforesaid three laboratories.
The application under section 482 Cr.P.C. is, therefore dismissed as pre-mature.
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