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1992 Supreme(All) 759

O.P.PRADHAN
UMAKANT BAJPAYEE – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
R.B.SAHAI

O. P. PRADHAN, J.

( 1 ) A short and interesting question which arises for consideration in this case is whether the report of Chemical Examiner/analyst can be acted upon by the Court without examining him, if the report is not supported by reasons for the opinion expressed by the Expert. Some facts may be noticed.

( 2 ) ON 15. 2. 1991 at about 8. 30 p. m. applicant Umakant Bajpayee was found in possession of contraband (Charas) weighing about 1 tola by police on Chaupeypur - Rasoolabad Road within the circle of Police Station Sheoli, District Kanpur Dehat. The applicant had no licence permit or authorisation for possessing the said contraband. Accordingly, a case under section 20 of the Narcotic brugs and Psychotropic. Substances Act, 1985 (for short, the N. D. P. S. Act) was registered against him and the investigation followed. The applicant is being prosecuted in the Court of Special Judge (N. D. P. S. Act) Kanpur Dehat. It further appears that a sample of the conutraband seized from the applicant was sent for analysis to the Forensic Science Laboratory, U. P. , Lucknow and the Chemical Examiner submitted a report dated 24. 6. 1991. saying that on physical and chemical tests, th














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