JUDGMENT - M.F. SALDANHA, J.:---An issue of considerable importance has been canvassed on behalf of the original accused in this and the companion appeal which I am summarising below.

1) Whether in a criminal trial, the consequences of which could result in a heavy jail sentence to an accused the proof of the principal piece of evidence, namely, the Chemical Analyser's Report can be dispensed with by the prosecution which attempts to tender the document through the Investigating Officer without examining the Analysing Authority, and whether in the absence of the Chemical Analyst being presented as a witness the document itself can either be looked at or relied upon by the Court?

2. This and the companion appeal have been presented by the State of Maharashtra and challenge the judgments and orders dated 21-10-1983 of the learned Additional Chief Metropolitan Magistrate, 3rd Court, Esplanade, Bombay, whereunder the original accused in those cases came to be acquitted. It was alleged that on the morning of 16-1-1981 certain Police Officers attached to the Narcotics section of the Delhi Police Establishment apprehended the two accused of respondents at the Taj Mahal Hotel at Bombay and t

Click Here to Read the rest of this document