UMAKANT BAJPAYEE Vs. STATE OF U P

JUDGEMENT

(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, the sample was found Charas. No reasons or other material have been incorporated in the said report of the Chemical Examiner. A copy of this report was furnished to the applicant on his request and on a further application of the applicant for being supplied with the material data on which the Chemical Examiner founded his report, the Court concerned vide order dated 16.10. 1992 observed that the data can be given by the Chemical Examiner, which examined on oath and the applicant may cross-examine him if he is produced by the prosecution. It was further observed by the Court in the said order that if the prosecution does not produce the Chemical Examiner, the applicant may himself examine him. Accordingly, the application was rejected by the Court. This led the applicant to invoke the jurisdiction of this Court under section 482 Cr. P.C.

(3.) This application under section 482 Cr. P.C. has been heard on merits with the consent of the Assistant Government Advocate who also agreed that it may be disposed of finally at the admission stage.