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H.Swaminath vs State By Inspector Of Police

Madras High Court|03 August, 2017

JUDGMENT / ORDER

The petitioner has challenged the investigation in F.I.R.No.119 of 2015, wherein he has been charged under section 8(c) read with section 21(c) and 29 of the NDPS Act. It is seen that when the seized samples were sent for chemical analysis to the Central Forensic Science Laboratary, Hydrabad, by a report dated 22.03.2017, the result of the examination was sent .
The result of the examination is as follows:-
 The exhibits were analyzed by Physico  Chemical examination, colour tests and Fourier Transform  Infrared Spectroscopy (FT-IR) and Gas Chromatography  Mass Spectrometry (GC-MS) methods. Based on the above methods, the results obtained are given below:
1. Heroin, Ketamine and Mescaline were not detected in the exhibits marked as Exhibits  S2, S4, S6 and S8 respectively.
2. Morphine, Cocaine, Cannabis products, MDMA, Methamphetamine, Ephedrine and LSD were not detected in the exhibits marked as Exhibits -S2, S4, S6 and S8 respectively.
3. However, Urea was detected in the exhibits marked as Exhibits-S2 and S4.
4. Ammonium, Potassium and Sulphate ions were detected in the exhibit marked as Exhibit- S6.
5. Ammonium, Potassium and Chloride ions were detected in the exhibit marked as Exhibit -S8.
2. As such, since Heroin, Ketamine and Mescaline were not detected in the exhibits, the offence under Sections 8(c) r/w. 21(c) 29 of the NDPS Act alleged in the First Information Report in Crime No.119 of 2015 has not been made out.
3. In view of the same, the investigation in First Information Report in 119 of 2015 is quashed. The Criminal Original Petition stands allowed. Consequently, connected miscellaneous petition is closed.
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Title

H.Swaminath vs State By Inspector Of Police

Court

Madras High Court

JudgmentDate
03 August, 2017