INDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE FACTS OF THE CASE ARE AS UNDER :-

(2.) The order sought to be revised shows that the learned Magistrate relied on , 'Karnail Singh v. State,1966 PunLR 657', in which it was held as follows :-

(3.) The said authority has since has since been distinguished in Madan Lal v. The State of Punjab,1971 PunLR 107, in which it has been pointed out that the dictum in the previous ruling was that an accused person was not entitled to get the entire bilk examined by any Chemical Examiner. In this latest authority, it has been held that the petitioner can get another sample out of the same bulk examined from another Chemical Examiner, if he wants to have a further opinion about the nature of the property, which has been recovered from him. The ruling in Madan Lal v. The State of Punjab,1971 PunLR 107, was not brought to the notice of the learned Magistrate, when he passed his order, dated 23rd June, 1972, and rejected the petitioner's request for sending another sample to the Chemical Examiner. As such, the order sought to be revised is illegal.