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1981 Supreme(P&H) 275

K.S.TIWANA, S.S.KANG
Sukhdev Singh – Appellant
Versus
State Of Punjab – Respondent


Judgment

KULWANT SINGH TIWANA, J.

1. The facts leading to this revision are that Sukhdev Singh petitioner is facing trial in the Court of the Chief Judicial Magistrate, Sangrur, for an offence under Section 9 of the Opium Act. The prosecution closed its evidence against the petitioner on 22nd of April, 1981. He was examined under Section 313 of Criminal P.C., 1973 on 29th of April, 1981. The defence was closed by him on 20th of July, 1981. On 23rd of July, 1981, the prosecution filed an application in the Court of the Chief Judicial Magistrate, Sangrur, in the light of the judgement of this Court in Criminal Revision No. 336 of 1979 decided on 24th of February, 1981, reported as Atma Singh V/s. State of Punjab, 1981 Chand Cri C 181 (Punj and Har), for examining the Clerk of the office of the Chemical Examiner to prove that the sample had reached in that office with seals intact and that the sample was handed over to the Chemical Examiner in that very condition. The application was opposed on behalf of the petitioner. The learned Chief Judicial Magistrate, Sangrur noticed Santokh Singh V/s. State of Haryana, 1975 Chand LR (Cri) 119, in which it was laid down that the prosecution cann




























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