A.L.Bahri, J.

1. Judicial Magistrate Ist Class, Phagwara, on August, 4, 1981, recorded conviction of Balbir Singh under Section 61(1)(a) of the Punjab Excise Act, and sentenced him to rigorous imprisonment for eight months and to pay a fine of Rs. 1000/-. In default of payment of fine he was to further undergo rigorous imprisonment for one month. An appeal was taken against the aforesaid order which was disposed of by Sessions Judge, Kapurthala on January 8, 1980. In appeal an application was filed by the State for leading additional evidence of functionary of the office of the Chemical Examiner by way of link evidence to prove that the sample received in the office of the Chemical Examiner was intact till it was analysed. This request was declined by the Sessions Judge and on merits for want of link evidence the conviction of Balbir Singh was set aside by accepting (sic) come up in appeal against the order of acquittal.

2. We have beard D.A.G. for the State. The respondent was served in this appeal but nobody has come forward to prosecute the same.

3. The Sessions Judge rightly declined the request of the State to produce the affidavit of the functionary of the office of t