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1961 Supreme(Guj) 26

P.N.BHAGWATI
SULEMAN USMAN MEMON – Appellant
Versus
STATE – Respondent


Advocates Appeared: H.M.CHOKSHI, M.U.SHAH

P. N. BHAGWATI, J.

( 1 ) THE short and interesting question which arises in ibis Criminal Revision Application is as regards the weight to be attached to a report of a Chemical Examiner when the report is tendered as evidence under sec. 510 of the Code of Criminal Procedure without summoning and examining the Chemical Examiner as to the subject matter of the report. The accused was tried by the Judicial Magistrate First Class Broach for the offence of consuming liquor under sec. 66 (1) (b) of the Bombay Prohibition Act 1949 (hereinafter referred to by me as the Act ). The charge against the accused was that on 16 December 1959 at about out 5-45 P. M. he was found on a public road having consumed liquor in contravention of the provisions of the Act. A sample of the blood of the accused was taken by the police and submitted to the Chemical Examiner to the Government for determining the concentration of alcohol in the blood. Though the sample of the blood was taken on 16/12/1959 the same was not submitted to the Chemical Examiner until 8/01/1960. It is not known on what precise date the Chemical Examiner tested the sample of the blood. but a report was submitted by the Chemical Examine



















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