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Rajesh Kumar Gupta v. State Of U.P. & Another - APPLICATION U/s 482 No. 11825 of 2007 [2007] RD-AH 10285 (30 May 2007)


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Court No.1

                      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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