LAWS(APH)-1992-1-3

M CHAKRAVARTHI Vs. STATE OF A P

Decided On January 01, 1992
MChakravarthi Appellant
V/S
State rep by the Public Prosecutor Visakhapatnam Respondents

JUDGEMENT

(1.) This revision is preferred against the order of the learned special Judge for Essential Commodities Act, Visakhapatnam, in Crl MP No386/90 in STC No1/90 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 bank of the petitioner and sent the same to the analyst, and after receipt of the report from the analyst, STC No1/90 was filed against the two petitioners The petitioners to dispute the correctness of the analyst report, filed CrlMP No386/90 to send the sample, which is given to them, for analysis, to another analyst

(2.) The learned Special Judge for case arising under Essential Commodities Act, Visakhapatnam, dismissed that petition holding that there is no provision in AP: Petroleum Products' Order, 1980 (hereinafter referred to as the order) fpr 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