JUDGMENT

(Dated 7-1-1982)

Surinder Singh, J. - The point which arises for consideration in this Revision is, as to whether an accused person is entitled to require a Court trying the case under Section 9 of the Opium Act against him, to send an additional representative sample of the opium, alleged to have been recovered from his possession, for analysis to the Public Analyst concerned. A reference to Joginder Kaur v. The State of Punjab1, would show that a Division Bench of this Court was seized of this matter. The Bench noticed four earlier Single Bench decisions of this Court, as per which it was held that the accused did have this right. The Bench, however, overruled these decisions, on a comparative consideration of the provisions of Section 13(1) of the Prevention of Food Adulteration Act, holding that there was no right conferred upon the accused, under the Opium Act to require the Court to send an additional representative sample for analysis.

2. Mr. Kuldip Singh, Bar-at-Law, learned counsel for the petitioner has vehemently submitted that the Division Bench decision in Joginder Kaur case (supra) requires reconsideration, as an important aspect of the matter had not been co