S.S.SANDHAWALIA, J.

1. A veil-ed doubt about the correctness of the view of the Division Bench in Joginder Kaur V/s. State of Punjab, 1979 Chand LR (Cri.) Punjab and Har 101, has necessitated this reference to the larger Bench.

2. Sukhdev Singh petitioner is Stand-ing his trial before the Judicial Magi-strate, Phul, under Section 9 of the Opium Act for having been allegedly in possession of a large haul of 30 kg. of opium on the 10th April, 1978. After the prosecution evidence in the case had been concluded and the statement of the accused-petitioner duly recorded under Section 313, Criminal P.C. an application was presented on behalf of the petitioner praying that an-other sample of opium be taken from the tins Exhibits P.1 and P.2 and sent to the Chemical Examiner for a fresh analysis. This application was contested on behalf of the respondent-State on the ground that the accused was not inflexibly entitled under the law to claim a second chemical analysis from fresh samples drawn from the contra-band opium. Relying mainly on Joginder Kaurs case the learned trial Magistrate rejected the application on the 9th Aug., 1980. Aggrieved thereby the petitioner has come up by way