Investigation

Santosh S. Avhad (Querist) 27 March 2012 This query is : Resolved
can Special Judge issue direction to investigating officer to retest the drugh smaple under NDPS matter during investigation which was already tested? If yes then what supporting point referred for argument and citation of any Hon'ble Court?

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Raj Kumar Makkad (Expert) 27 March 2012
Special Court has similar rights as of any other Court. As per provisions of section 173(8) every criminal trial court has got right to direct the investigating officer to investigate over a specific point or thoroughly. Hon'ble Supreme Court in the important case titled Sakira Basu versus State of UP has given power to trial courts to monitor the investigation of the cases.