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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

CRR No. 3146 of 2016

DECIDED ON: DECEMBER 19, 2016

JAGTAR SINGH & ANOTHER

.....PETITIONERS

VERSUS

STATE OF PUNJAB

.....RESPONDENT

CORAM:

HON'BLE JUSTICE JASPAL SINGH

Present:

Mr. Jagjot Singh Lalli, Advocate for the petitioners.

Mr. J.S. Sekhon, AAG, Punjab.

*****

JASPAL SINGH, J (ORAL)

Challenge in this revision petition is to the order dated August 02,

2016 passed by Judge, Special Court, Jalandhar, whereby, an application under

Section 167(2) of the Code of Criminal Procedure (for brevity 'Code') has been

dismissed.

Undoubtedly, report under Section 173(2) of the Code has been

presented within a period of 180 days from the date of arrest of the petitioners

but the same was presented without Chemical Examiner's report. Thus, the sole

question, which is required to be determined through this revision petition is,

whether in the absence of Chemical Examiner's report, presentation of challan

can be treated to be a complete challan or not and the answer to this question of

in the negative.

This Court in the case of Ravinder @ Binder v. State of Haryana;

2015 (4) RCR (Crl.) 441 in the facts and circumstances which have em