Judgment R.L.Anand, J. 1. I have heard the learned counsel of the parties and with their assistance have gone through the record of the case. The learned counsel for the petitioner relied upon 1997(4) RCR (Criminal) 215 and 1994(4) RCR (Criminal) 540 and submits that the complaint was filed much after the expiry of sample and in this manner the petitioner has been deprived the valuable right of re-testing. I agree with the contention raised by the learned counsel for the petitioner. 2. Resultantly, this petition is allowed and the complaint and consequent proceedings are hereby quashed and directions are given to the Magistrate not to prosecute the petitioner.