the application was moved by the prosecution without mentioning any provision of law and there is no provision under the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the NDPS Act') for sending a sample again for testing. Consequently, the entire exercise of sending the case property for chemical examination is nonest in the eyes of law. Learned senior counsel further submits that the impugned order dated 25.04.2018 (Annexure P-3), passed by the Court of Additional Sessions Judge, Chandigarh, may be set aside by this Court.

3. On the other hand, learned State counsel submits that the impugned order has been passed by the trial Court while taking into consideration the peculiar facts of the present case. In fact, earlier the samples were sent to FSL, but the entire quantity recovered from the possession of the accused was not sent for chemical examination. Now, the case property (except the samples earlier sent) has to be sent for analysis and no prejudice shall be caused to the petitioner in the present case. In fact, a similar issue cropped up before the Hon'ble Supreme Court in the matter of “Thana Singh versus Central Bureau of Narcotics”, 2013 (1) RCR (Crimin