IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-29527 of 2008 Date of Decision: November 20, 2008 Gurvinder Singh and another …. Petitioners Versus State of Punjab … Respondent CORAM: HON’BLE MR. JUSTICE S.D. ANAND. Present : Mr. D.S. Pheruman, Advocate, for the petitioners. Ms. Manjari Nehru, DAG, Punjab. **** S.D. Anand, J. Crl. Misc. No. 53553 of 2008 Allowed, as prayed for. Crl. Misc. No. 53552 of 2008 Crl. Misc. application is allowed. Annexure P/12 is taken on record. Crl. Misc. No. M- 29527 of 2008 The counter presented by the learned State counsel today is taken on record. Crl. Misc. No. M-29527 of 2008 The petitioners are being prosecuted in a case (FIR No. 151 dated 01.09.2008, under Sections 295, 420, 120-B IPC read with Section 3 / 4 of the Punjab Prohibition of Cow Slaughter Act, 1955). In the course of investigation, the Investigating Agency obtained a sample from the premises of the relevant Company. That sample had already been sent to the Laboratory for analysis. Before that result could be received, the Investigating Agency filed an application before the learned Illaqa Magistrate for being allowed to obtain a second sample of the product for being forwarded for analysis. The application was allowed, vide impugned order dated 05.11.2008 (Annexure P/10). The present petition has been filed by the petitioners to obtain quashment of that order. It is presently apparent that the report (Annexure P/7) of the Forensic Investigational Laboratory, University of Veterinary Science & Animal Husbandry, Mathura-I, had already been received. The lab has reported that the sample does not “belongs to cow or its progeny.” The learned State counsel has not been able to respond to the grievance of the learned counsel for the petitioners that there is no provision of law or rule authorizing obtaining of the second sample from out of that very product. In view of that inability on the part of the State counsel and also in view of the fact that the respondent has not been able to indicate any justification whatsoever to apply for sustainability of the impugned order, the petition shall stand allowed. The impugned order dated 05.11.2008 (Annexure P/10) shall stand quashed. 2 Crl. Misc. No. M-29527 of 2008 November 20, 2008 ( S.D. Anand ) vkd Judge 3