STATE OF KERALA Vs. SHAJU

JUDGEMENT

(1.) This is a matter taken in Calendar revision. The accused was convicted by the Judicial First Class Magistrate, Parur, under S.55 (a) of the Abkari Act for being in possession of 300 grams of Ganja, an intoxicating drug as defined under the Act. The substance recovered was sent from court to the Chemical Examiner's Laboratory for analysis. A report was submitted by the Joint Chemical Examiner who certified that it was Ganja. The Joint Chemical Examiner was not examined. The report was accepted by the Trial Court and the accused was convicted. In appeal, however, the Sessions Court held that the report was not acceptable and admissible in evidence as a Joint Chemical Examiner was not an authority coming within the ambit of S.293(4) of the Code of Criminal Procedure. As there was thus no evidence that the substance seized was Ganja, the accused was acquitted.

(2.) The view taken by the Sessions Judge was doubted arid hence suo. motu revision was taken. The accused was heard through his counsel and the Public Prosecutor appeared for the State.

(3.) S.293 of the Code states that any document purporting to be a report under the hand of a Government scientific expert to whom the section applied, may be used as evidence in any proceeding under the Code. Sub clause (4) which is relevant reads thus:-