1. This case raises a short question of law, namely, whether the report of a chemical examiner on a matter duly submitted to him for examination or analysis and report, in the course of any proceeding under the Code of Criminal Procedure can be used as evidence in any enquiry, trial or other proceeding under this Code, without the chemical examiner being examined in Court.

2. The petitioner was convicted by the Sub-Magistrate, Ponnani, in C. C.No. 875 of 1965 for the offence under S.8 (1) (g) of the Prohibition Act, 1950 and sentenced to undergo rigorous imprisonment for three months. The charge against him was that on 18-8-1965 at 7.00 a.m. he was found in possession of a mud pot containing three edangazhies of fermented wash fit for distillation of arrack. A sample of the content of the mud pot was sent for analysis and report to the chemical examiner to Government of Kerala. After analysis he sent a report dated 18-11-1965 stating that the sample of the liquid contained 15% by volume of ethyl alcohol. This report was marked in the trial court as Ext. P-2. The finding of the trial court that the material found in the possession of the petitioner is an article for the m