BIBHAS BARDHAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Order dated 17.8.2013 passed by the learned Judge, Special (CBI) Court no. 2, Calcutta, in Special (CBI) Case No. 121/2011 exhibiting report of scientific officer, C.F.S.L. has been assailed.

(2.) Petitioner is facing a prosecution under section 7 of the Prevention of Corruption Act. Report of Junior Scientific Officer forwarded by the Director, C.F.S.L. dated 29.12.2009 was sought to be exhibited by the prosecution under section 293 of the Code of Criminal Procedure. The petitioner filed an objection to the said report on the ground that the said report could not be exhibited under section 293 of the Code of Criminal Procedure. The learned Judge by the impugned order da ted 17.8.2013 decided the matter in favour of the prosecution and exhibited the report. Hence, the petitioner has approached this Court.

(3.) Mr . Jha appearing for the petitioner submitted that the report was of the Junior Scientific Officer is not the Chemical Examiner or the Assistant Chemical Examiner of the department. Hence, report prepared by him cannot be exhibited under section 293 of the Code of Criminal Procedure without examination of the concerned officer. He further submitted that his client had prayed for cross - examination of the said officer. He relied on the decision of Queen Empress vs Autal Muchi, 1884 10 ILR(Cal) 1026 in support of his submission. Mr. Banerjee, learned Additional Public Prosecutor submitted that the issue ought to have been decided at the end of trial in view of the decision in Bipin Shantilal Panchal vs State of Gujarat & Anr., 2001 AIR(SC) 1158. He further submitted that the report was forwarded by the Director, C.F.S.L. and therefore, was rightly exhibited under section 293 of the Code of Criminal Procedure. He submitted that the prayer for cross -examination of the witnesses had been given up as would be evident from the observation in the impugned order.