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2021 (1) TMI 1054 - HC - Indian LawsMaintainability of application - prosecution to draw second sample from the recovered case property - Smuggling - Heroin - HELD THAT:- The impugned order cannot be sustained and is bound to be set aside, since the case in hand is squarely covered by the judgments referred to by the learned counsel for the petitioner and in Amarjit Singh's case [2011 (3) TMI 1805 - PUNJAB AND HARYANA HIGH COURT], this eventuality has been dealt with holding that re-drawing of sample cannot be got done by the prosecution simply because it is not satisfied by the report received with regard to the first sample sent to the FSL. Petition allowed.
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