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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 1 of 18 (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 'GS' and later on, it was verified by the SHO of the police station by putting his seal as 'PS'. It is further stated that on 06.04.2012, ASI Gurdarshan Singh took both the accused persons along with sample parcels from the Malkhana of the police station and produced them before the Illaqua Magistrate, who verified the same and on the direction, he deposited the sample parcels with Head Munshi of the Malkhana. Thereafter, on 05.06.2012, as per order of the Illaqua Magistrate, both the sample parcels and intoxicant powder 10/10 grams and residue parcels of intoxicant powder of 480/480 grams were deposited in the Judicial Malkhana attached to the Court of Chief Judicial Magistrate, Patiala. Thereafter, one of the sample parcels, on the same date, was sent through HC Jagdev Singh for depositing with the Chemical Examiner, Kharar. It is further stated in the application that in the disclosure of the accused, recorded on 03.06.2012 and 05.06.2012, it was stated that by mixing the powder of Parvon & Lemotil, intoxicant powder was converted into tablets by making small packets.

4. It is worth noticing that on 30.07.2012, the report dated 18.07.2012 was received from the Chemical Examiner, Kharar, in which sample was reported to be containing "Paracetamol".

5. The prosecution filed an application dated 11.01.2013 with a prayer that since the report sent by Chemical Examiner, Kharar, appears to be suspicious, therefore, the trial Court may refer the second sample for 2 of 18 analysis. The petitioner/accused contested this application before the trial Court and the trial Court allowed the application by passing the following order:

"Learned counsel for the petitioner contends that in this case in the first sample, the report was received that it is paracetamol powder. Now the second sample has been sent by the Court on the ground of connivance of the accused with the Chemical Examiner. It is stated that there is no FIR against any official of the Chemical Examiner regarding the present case. Learned counsel 5 of 18 has also relied upon guidelines laid down by the Division Bench of this Court in Amarjit Singh v. State of Punjab, 2013 (4) RCR (Criminal) 524 and has stated that the second sample could not be sent as has been done in the present case. It is further stated that the second sample is being sent to the same laboratory i.e. Chemical Laboratory, Kharar.

10. Reply, by way of affidavit of DSP, Circle Nabha, District Patiala, filed on behalf of the respondent-State, is on record, wherein it is stated that when both the accused persons were produced before the Illaqua Magistrate on 04.06.2012, it was ordered that case property be deposited with Incharge, Malkhana of CJM, Patiala, however, since the copy of order could not be received on 04.06.2012, it was not deposited with the MHC, Malkhana on that day and in fact on the next day i.e. 05.06.2012, the same was deposited with Incharge, Malkhana of CJM, Patiala, against receipt dated 05.06.2012. It is admitted in the reply/affidavit that as per Chemical Examiner, Kharar, the sample was found to be containing 'Paracetamol'. It is further stated that in some other FIRs, when the samples were sent to Chemical Examiner, Kharar, less quantity of intoxicant were shown, which raised suspicion and the Vigilance Department, Punjab conducted an inquiry, on the basis of which, FIR No. 14 dated 11.11.2013, under Sections 420, 467, 468, 471, 218, 201, 120-B of the IPC and Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 was registered against Dr. Rajwinder Pal Singh, Assistant Chemical Examiner, FSL, Kharar, Punjab. It is further stated that in view of the said fact, the application was moved before the trial Court for analysis of the second 7 of 18 sample by CFL, Chandigarh and the same was allowed and as per the report of CFL, Chandigarh, the sample was found containing narcotic substances.