[ASSIZE COURT]

1951 Present: Dias S.P.J.

REX v. GUNAWARDENE et al.

S. C. 2-M. C. Ratnapura, 16,250

Criminal Procedure Code (Cap 16), s. 406 (3)-Government Analyst's report ore a question unconnected with chemical analysis-Admissibility-Proper direction to be given to Jury-Government Analyst's name not on the list of witnesses in case committed for trial-right of prosecution under s. 406 (4) to ash for summons on Government Analyst without amending indictment.

The provisions of section 406 (3) of the Criminal Procedure Code, which makes admissible in evidence the report of the Government Analyst upon any matter or thing duly submitted to him for examination or analysis, are not confined to matters or things submitted to him for " chemical analysis ". There fore, his report on a question of ballistics is admissible in evidence without calling him, subject to the provisos contained in sub-sections (4) and (5) of section 406,

It is the duty of the trial Judge in such cases to tell the jury that they should appreciate that in considering the weight to be attached to the report, it had been admitted without being tested by cross-exam