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2020 Supreme(P&H) 531

ARVIND SINGH SANGWAN
Chander Parkash @ Chander – Appellant
Versus
State of Punjab – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Rajiv Kataria, Advocate
For the Respondent: Mr. Joginder Pal Ratra, DAG

JUDGMENT :

Arvind Singh Sangwan, J.

1. Prayer in this revision is for setting aside the order dated 26.11.2018, vide which the trial Court has framed charge against petitioner Chander Parkash @ Chander, under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act').

2. Brief facts of the case are that the petitioner, along with one Jaswinder Singh @ Bhinder, was nominated as an accused in FIR No. 40 dated 03.06.2012, registered under Section 21 of the NDPS Act at Police Station Sadar Nabha, District Patiala.

3. During the course of investigation, the sample parcel, prepared by the Investigating Officer, was sent to Chemical Examiner, Kharar and on 18.07.2012, a report was sent by the Chemical Examiner, Kharar (Annexure P-2), in which the contents of the sample were found to be “Paracetamol”. Thereafter, the prosecution moved an application (Annexure P-3) before the Special Judge to get the second sample analyzed from any other laboratory. As per application dated 11.01.2013 (Annexure P-3), it is stated that the Investigating Officer has prepared two samples of 10 grams each in separate parcels, which were sealed by the seal of Investigating Officer

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