TEJPARTAP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner has filed this petition challenging the order dated 03.01.2014, whereby application moved by the prosecution for sending the second sample to the Laboratory for chemical analysis, was allowed. Learned counsel for the petitioner has submitted that petitioner was not arrested at the spot but was involved in the case on the basis of statements made by his co-accused during investigation. As per the prosecution case, 2 kilograms intoxicant powder and 80 grams smack was recovered from the petitioner. As far as the sample drawn from the intoxicating powder is concerned, the report of the Chemical Analyst dated 05.10.2012, was that it contains Pheniramine Maleate.

(2.) Thus, the sample failed. Thereafter, on 16.12.2013, application was moved by the prosecution for sending the second sample of the intoxicant powder for chemical analysis in view of order passed by this Court on 08.10.2013, in case titled as "Karu Lal v. State of Punjab".

(3.) However, the Apex Court vide order dated 16.12.2013 had set-aside the order passed by this Court dated 27.08.2013 in Criminal Miscellaneous No. M-18861/2013 and had held that the Court shall not rely on the second report which was ordered to be provided without any valid ground. Learned counsel has further placed reliance on decision of the Apex Court in Thana Singh v. Central Bureau of Narcotics, 2013 1 RCR(Cri) 861wherein it was held as under:-