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1962 Supreme(Guj) 83

J.M.SHELAT, B.J.DIVAN
STATE OF GUJARAT – Appellant
Versus
LASANMAL MANUMAL – Respondent


Advocates Appeared: B.R.SOMPURA, H.V.BAXI

J. M. SHELAT, J.

( 1 ) * * * *

( 2 ) IT was next contended by Mr. Baxi that the Chemical Analysers certificate was not admissible in evidence inasmuch as the Assistant Chemical Analyser who has signed the certificate is not the Assistant Chemical Analyser to the Government of Gujarat. Relying upon our judgment in Criminal Appeal No. 424 of 1961 decided on 19th June 1962 where we considered the provisions of sec. 510 of the Code of Criminal Procedure Mr. Baxi argued that the Chemical Analyser or the Assistant Chemical Analyser whose certificate is made admissible under sec. 510 Cr. P. C. must be a Chemical Analyser or an Assistant Chemical Analyser to the Government of the State where the prosecution is launched and therefore the Assistant Chemical Analyser who has signed the certificate in this case being the Assistant Chemical Analyser attached to the State of Maharashtra the certificate was not admissible. Now the raid and the seizure of the bottles in this case took place on January 27 1960 The certificate of the Assistant Chemical Analyser is dated March 22 1960 The first respondent was arrested on May 11 1960 and the chargesheet was submitted in this case on May 27 1960 Relying




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