M CHAKRAVARTHI Vs. STATE

JUDGEMENT

(1.) This revision is preferred against the order of the learned Special Judge for Essential Commodities Act, Visakhapatnam, in CrI M P No. 386/90 in S T C No. 1/90. The said petition was filed by the accused for sending the sample, which is available with them to the analyst. It is stated that the Vigilance authorities have taken a sample of petrol from the petrol bunk of the petitioner and sent the same to the analyst, and after receipt of the report from the analyst, S TC No. 1/90 was filed against the two petitioners. The petitioners to dispute the correctness of the analyst report, filed Crl M P No. 386/90 to send the sample, which is given' to them for analysis, to another 'analyst.

(2.) The learned Special Judge for cases arising under Essential Commodities Act, Visakhapatnam, dismissed that petition holding that there is no provision in A P Petroleum Products Order, 1980 (hereinafter referred to as the Order) for sending the sample left with the accused to some other Oil Company for analysis.

(3.) Aggrieved by the said decision the accused have preferred this revision.