IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Revision No.888 of 2011 Date of Decision: September 16, 2011 Chaman Lal & another .....PETITIONER(S) VERSUS State of Punjab .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Amardeep Singh Gill, Advocate, for the petitioners. Mr. Manoj Bajaj, Additional Advocate General, Punjab. . . . AJAI LAMBA, J (Oral) 1. By this petition, challenge has been made to order dated 12.1.2010 passed by the Additional Sessions Judge, Jalandhar, in a trial under Section 376 IPC, whereby an application for conducting DNA test/ finger prints has been declined. 2. Vide an order passed by this Court, the prosecuting agency was directed to apprise this Court as to whether the swabs/ slides have been preserved for DNA finger prints or not. Criminal Revision No.888 of 2011 [2] 3. Affidavit sworn on 5.9.2011 has been filed by Inspector Hardial Singh to the effect that Chemical Examiner, vide letter dated 2723 dated 30.8.2011 had intimated the Commissioner of Police, Jalandhar, that swabs and slides have since been destroyed as no instructions were earlier received to preserve the same. In this regard, letter received from the Chemical Examiner has been placed on record as Annexure R-1. 4. In view of the fact that samples have not been preserved, the prayer of the petitioner cannot be allowed. 5. The petition is disposed of. The petitioner would be at liberty to take the plea before the Trial Court that without any authority in law, the samples/ swabs have been destroyed. No such direction was given by the Court. Once swabs had been taken for a purpose, they ought to have been preserved. (AJAI LAMBA) September 16, 2011 JUDGE avin 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?