Cr.Rev No.158 of 2009 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Cr.Rev No.158 of 2009 DATE OF DECISION : 21.1.2009 Kuldeep Singh ......PETITIONER VERSUS State of Punjab ......RESPONDENTS PRESENT: Mr. B.S.Kathuria, Advocate M.M.S.BEDI,J. Legality and propriety of order dated 12.1.2009, passed by Special Judge, Ludhiana has been called in question in this revision petition. By virtue of the said order, an application filed by the petitioner for sending the second sample of poppy husk to FS.L. for testing has been dismissed. The petitioner has sought the testing of the second sample inter alia on the ground that the seal after use had been handed over by the investigating officer to the A.S.I. and that the case property had not been deposited in the malkhana despite the order of the Illaqa Magistrate indicating that there had been tampering of the seal warranting sending of the second sample to the F.S.L. I have gone through the impugned order. In view of absence of any statutory provision for sending the second sample, the trial court did not have any jurisdiction to send the second sample especially on the ground put forth by the petitioner. In case the petitioner is able to establish that there has been tampering of the material, alleged to have been Cr.Rev No.158 of 2009 2 recovered from him, it will always be open to him to seek acquittal on the basis of the doubts created regarding unfair conduct of the investigating agency. Leaving the petitioner with liberty to avail the benefit of any illegality or irregularity during investigation, the petition is dismissed. January 21 ,2009 ( M.M.S.BEDI ) TSM JUDGE