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1994 Supreme(Guj) 8

K.J.VAIDYA, K.R.VYAS
MAHMAD HANIF SHAIKH IBRAHIM – Appellant
Versus
STATE – Respondent


Advocates Appeared: E.E.SAIYED, K.V.SHELAT

K. J. VAIDYA, J.

( 1 ) "whether the report of the Public Analyst containing bare opinion, without there being any full and complete data disclosing the tests or experiments performed by him, can be attached any probative evidentiary value to be used against the accused for recording the order of conviction and sentence against him ?" This in short is the question that arises for consideration in the context and back-drop of the following facts-situation.

( 2 ) THE prosecution case, as per the evidence of the P. S. I.-Jawansinh P. Barad (P. W.-3, Exb.-9) is that when on 6-1-1988 at about 19-45 hours, he was on duty at Sagrampura Police Station, Surat, he received an information that one person was selling charas in a bye-lane known as "dhabuwali Gali". Acting on this tip-off, he immediately requisitioned the services of two panch witnesses, viz. , Prasanna Shankarrao Shinde (P. W.- l, Exh.-6)and Mukesh Bholanath Trivedi (examined by the accused as the defence witness) and in company of other two Police Constables, viz. , Vijay chetram Patil (P. W.-2, Esh.-8) and Balvant Arjan and Ganpat Badalsing (not examined) proceeded to the said dhabuwali Gali for raid and reached there at 20-00















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