JOGINDER KAUR Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) THIS is recommended revision petition directed against the order dated 19th April, 1973, where by the learned Judicial Magistrate 1st Class, Moga, rejected the prayer of the accused -petitioner for having a separate sample of opium sent for chemical analysis to the Chemical Analyst, Calcutta, for opinion. The learned Additional Sessions Judge. Faridkot, relying on Inder Singh v. The State of Punjab, 1973 Ch. L.R. 561 has come to the conclusion that the order of the learned Magistrate was erroneous and deserves to be set aside.

(2.) MR . Karnall Singh appearing for the petitioner has sought to sustain the recommendation with the help of two other decisions of this Court reported in Madan Lal v. The State of Punjab, (1971) 73 P.L.R. 107 and Surjit Singh v. The State of Punjab, (1972) 74 P.L.R. 830.

(3.) THIS recommended revision petition came up before me in the first instance. I referred it to a larger Bench and that is how it has been placed before us.