Criminal Law, Drugs and NDPS Act, 1985: Procedure and Law For Testing / Re-testing

Criminal Law, Drugs and NDPS Act, 1985: Procedure and Law For Testing / Re-testing

The law laid down in Thana Singh v. Central Bureau of Narcotics [2013] GCtR 1692 (SC) is that "the NDPS Act, 1985 itself does not permit re-sampling or re-testing of samples. Request as to re-testing/re-sampling shall not be entertained under the NDPS Act as a matter of course." Time limit fixed is 15 days from date of receipt of test report (pg. 24).

The institutionalization of generous dispensation of adjournments is exploited to prolong trials for varied considerations. Such a practice deserves complete abolishment. Filing of the charge- sheet and supply of other documents must also be provided in electronic form. However, this direction must not be treated as a substitute for hard copies of the same which are indispensable for court proceedings.