3 years, 7 months ago

Forensic Science Laboratory's Report Need Not Be Proved By Calling Its Director As It A Public Document U/S 293 CrPC & Hence Admissible: Allahabad HC

The Allahabad High Court recently held that since a report of State Forensic Science Laboratory is admissible in evidence, therefore, there is no requirement to call the Director of that laboratory to get the same proved. Court's observations At the outset, the court observed that the provision of Section 50 of the Act stands attracted in case of personal search and not in the case where the search was given effect otherwise than from the personal search of the accused. charas was recovered from the trolley-bag of the accused-appellant and it was not recovered from the person of the accused and hence, the Court observed thus: "Although, neither the police was acting on prior information nor charas was recovered from his person, it was recovered from his trolley-bag, therefore, it cannot be said that there was contravention and noncompliance of Section 50 of the Act, 1985." Regarding the admissibility of the Laboratory report confirming that the sample seized from the trolley bag was Charas or not, the Court held thus: "as per the provision of Section 293 Cr.P.C., the report of State Forensic Science Laboratory is admissible in evidence and there is no requirement to call the Director of that laboratory to get the report proved.

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