M.R.Sharma, J. - (1.) This petition under Art. 227 of the Constitution has been filed with a prayer that the learned trial Magistrate 1st Class, Ludhiana, be directed to send the sample of milk for examination by the Director, Central Food Laboratory, Calcutta. The learned trial Magistrate rejected this prayer on the ground that the bottle which had been given to the petitioner was tampered with. This bottle has been produced in Court and has been shown to Shri Prashar, the learned Assistant Advocate-General, Punjab. The learned counsel for the State agrees that the bottle has not been tampered with. In this view of the matter, the learned trial Magistrate fell in error in not exercising his jurisdiction for affording an opportunity of leading defence to the petitioner. Consequently, I allow this petition and direct the learned trial Magistrate to accede to the request of the petitioner for having this sample examined by the appropriate authority. Petition allowed.;