IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 30TH AUGUST 2010 / 8TH BHADRA 1932 Crl.MC.No. 1132 of 2010() ------------------------------------- CRL.M.P.NO.541/2009 IN SC.782/2007 OF SESSIONS COURT, PALAKKAD. ............. PETITIONER/RESPONDENT/ACCUSED: --------------------------------------------------------- K. UNNIKRISHNAN, S/O.K.MADHAVAN KARIYAMMATHODI VEEDU, ERAVATHARA, KULUKKALLOOR, MULAYAMKAVU, CHERUPPULASSERY MALAPPURAM DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR), SRI.RAVI K. RESPONDENT/PETITIONER/COMPLAINANT: ---------------------------------------------------------------- STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, CHERUPULASSERY POLICE STATION, THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT.M.K. PUSHPALATHA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.1132 OF 2010 --------------------------------------------- Dated 30th August, 2010 O R D E R Petitioner is the accused in S.C.782/2007 on the file of Assistant Sessions court, Palakkad. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-A3 order passed by learned Assistant Sessions Judge in Crl.M.P.541/2009 whereunder prayer of the prosecution to send the sample to Chemical Analyst was allowed. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Argument of the learned counsel is that learned Assistant Sessions Judge should not have sent the sample for Crmc 1132/10 2 examination at a belated stage when there is no evidence to prove the identity of the sample and the purpose is only to fill up the lacuna. 2. Learned Assistant Sessions Judge invoking the power under Section 311 of Code of Criminal Procedure finding that it is just and necessary to get a report of the Chemical Analysis sent the sample for examination. Question whether identity of the sample is established or not is a matter available to be canvassed to the petitioner before the learned Assistant Sessions Judge at the time of trial. Petitioner is entitled to raise all the contentions before the learned Assistant Sessions Judge including identity of the sample. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.