PRADEEP DHADIWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) BY this petition, the petitioners have challenged legality and propriety of the order dated 17-2-2004 passed by the 8th Additional Sessions Judge (F. T. C.), Durg in Criminal Revision No. 299/2001 affirming the order dated 8-8-2001 passed by the Judicial Magistrate First class, Durg, in Criminal Case No. 130/99, whereby learned Judicial Magistrate First class has directed for sending third sample for analysis to the Central Food Laboratory after receiving report from the Director, central Food Laboratory relating to second sample sent for analysis that the sample is not fit for analysis.

(2.) ORDER is challenged on the ground that the Court is not competent to send third sample for analysis when the report of the director, Central Food Laboratory reveals that the sample is not fit for analysis on the ground of decomposition.

(3.) I have heard learned counsel for the parties, perused the order impugned, copies of other documents and record of the trial court.