' The facts leading to the filing of this Constitutional petition are that the petitioner stands involved in a case for an offence under Article 3/4 of Prohibition (Enforcement of Hadd) Order, 1979, with Police Station Nekapura, District Sialkot, vide F.I.R. Dated 16-9-1992. Allegation against the petitioner was that 500 grams heroin was recovered from his possession. Samples were sent to Chemical Examiner; according to the report traces of heroin were found. Thereafter the police in order to get favourable report obtained orders from Duty Magistrate instead of the trial Court and again sent samples for re-examination and report. Petitioner challenges the action of the police of sending the samples once again.
' It was contended by learned counsel for the petitioner that the action on the part of the police was illegal by sending again the samples for chemical examination when a report had already been received. Argued that the mala fides are apparent from the fact that instead of getting permission from the trial Court orders were obtained from Duty Magistrate for sending the samples.
2. I have heard the learned counsel at length and gone through the file.
' Learned Additional Advocate-General was asked to assist the Court, who after obtaining instructions submitted that the District Magistrate had passed an order that all cases of narcotics where samples were required to be sent for chemical examination, orders from Rana Farooq Ahmed Khan, Magistrate First Class, had to be obtained. The said Magistrate was further directed to take samples personally and seal them. In view of the direction of the District Magistrate police had to get orders from the said Magistrate. The action of the police, therefore, is neither mala fide nor illegal. No ground for interference in this Constitutional petition is made out. Petition fails which is dismissed.