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2001 Supreme(HP) 112

KAMLESH SHARMA, M.R.VERMA, K.C.SOOD
GAJANAND ALIAS RAJINDER PRASHAD – Appellant
Versus
STATE OF HIMACHAL PRADESH – Respondent


Advocates Appeared:
In Criminal Appeal No. 144 of 1998 :Mr. Dharamvir Sharma, Advocate, for the Appellant; Mr. Sanjay Karol, Advocate General with Mr. J.K. Verma, Assistant Advocate General, for the Respondent. In Criminal Appeal No. 202 of 1998:Ms. Sunita Sharma, Advocate, for the Appellant; Mr. Sanjay Karol, Advocate General with Mr. J.K. Verma, Asstt. Advocate General, for the Respondent. In Criminal Appeal No. 303 of 1998:Mr. Bimal Gupta, Advocate, for the Appellant; Mr. Sanjay Karol, Advocate General with Mr. J.K. Verma, Asstt. Advocate General, for the Respondent.

JUDGMENT

Ms. Kamlesh Sharma, J.—The reference, we are obliged to answer in these three Criminal Appeals (Criminal Appeals No* 144, 202 and 303 of 1998), is as under:— Whether the document purported to be a report of the Chemical Examiner is only the result of examination signed by Shri A.K. Shrivastava, Junior Scientific Officer or it is the complete document including the result of examination, which is signed at the end, below the endorsement by the Assistant Director, one of the Government Scientific Experts?

2. In order to appreciate the submissions made by the learned Counsel for the appellants and learned Advocate General we will advert to the report of the Chemical Examiner in Criminal Appeal No. 144 of 1998, which is identical in other appeals. It is:— "CENTRAL FORENSIC SCIENCE LABORATORY (Bureau of Police Research and Development, Min. of Home Affairs, Government of India) CHANDIGARH. (Admissible under Section 293 Cr.P.C. 1973)

1. Report No. 1318/96-1139/97 (TOX. No. 351/96 dated 27.2.1997.

2. Reference No. 5618/5A dated 29.12.1996 From : SHO PS Sadar Mandi.

3. Subject : FIR No. 523/36 dated 29.12.1996 PS. Sadar Mandi H.P. under Section 20 NDP^ Act.

4. Date of Receipt :

5. Mode














































































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