Rajasthan High Court: Re-testing of NDPS Samples Permissible Only in Exceptional Circumstances

The Rajasthan High Court ruled that re-testing or re-sampling of narcotic substances under the NDPS Act is generally prohibited and may only be permitted in exceptional cases, such as sample damage or deterioration

The Court emphasized that any request for re-testing must be filed within 15 days of receiving the Forensic Science Laboratory (FSL) report and must include cogent reasons.

Citing the Supreme Court’s judgment in Thana Singh v CBN, the Court criticized the routine approval of resampling.

It directed the Director General of Police and the Registrar General to circulate this order within 60 days among all SHOs and judicial officers for strict compliance.