( 1 ) TWO questions of law of some importance arise for determination in this revision. The first question is whether a Magistrate has power to direct that sample of hairs of an accused may be taken for the purpose of comparison against his wishes and the second question is whether such a course of action violates the fundamental right of the accused as guaranteed by Art. 20 (3) of the Constitution.

( 2 ) BEFORE considering the rival contentions advanced at the Bar it will be useful to notice the facts of the case in brief. Dr. P. S. Negi, Chief Medical Officer, Hardwar was murdered and when inquest was held on his body some hairs were found in his hands. The hairs were sealed in a packet by the Investigating Officer. During investigation it was revealed that at the time of incident a scuffle had ensued between the deceased and the assailant and in the course of said scuffle the deceased had caught the assailant by holding the hairs of his head and the same had come in his hand when the assailant got himself released from the grip of the deceased and ran away from the spot. The sealed packet containing the hairs was immediately kept in safe custody in the Malkhana.