JUDGMENT - Chainani, C.J.

(1) These two matters have been heard together, as they raise common question of law in regard to the admissibility in evidence of a certificate issued by a Chemical Examiner under S. 129-A of the Bombay Prohibition Act, in cases in which there has been a breach of the Bombay Prohibition (Medical Examination and Blood Test) Rules, 1959, made by the State Government under Clause (w) in sub-section (2) of S. 143 of the Act. In Criminal Appeal No. 856 of 1962, the medical officer, to whom the accused had been sent for examination under sub-section (1) of S. 129-A of the Act, collected 3. C. C. of his blood instead of 5 c.c. as required by Rs. 4 of the rules referred to above. In the other case Criminal Revision application No. 749 of 1962, the blood of the accussed collected by the medical officer on 13-4-1961 was not sent to the Chemical Examiner until 6th July 1961. Under Rule 4 it should have been sent so as to reach the Chemical Examiner within seven days from the date of its collection. In both these cases the question therefore arises whether the certificate issued by the Chemical Examiner could be used as evidence of the facts stated in the certificate

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