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TMI Blog1995 (2) TMI 224X X X X Extracts X X X X X X X X Extracts X X X X ..... efly stated the prosecution case is that on 24-7-1990, Sub-Inspector Prakash Chand (P.W. 5) alongwith A.S.I. Om Prakash was on petrol duty at departure hall of the Inter-State Bus Terminal Delhi. Following a tip off, a raiding party was organised at about 5.15 p.m. and the appellant was apprehended at platform Nos. 8 9 and from his possession 5.500 Kgs. of poppy husk was seized vide seizure memo Ex PW 15/A. The samples were sent for the chemical examination, after receiving his report the charge sheet was laid. 3. The appellant in his statement under Section 313 Cr. P.C. stated that he was falsely implicated. Learned trial court accepted the prosecution case and convicted the appellant. 4. In this appeal the main submission is that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... This Court may, if it thinks fit, summon and examine any such expert as to the subject-matter of this report. (iii) Where any such expert is summoned by a Court and he is unable to attend personally, he may, unless the Court has expressly directed him to appear personally, depute any responsible officer working with him to attend the Court if such officer is conversant with the facts of the case and can satisfactorily depose in Court on this behalf. (iv) This section applies to the following Government scientific experts, namely - (a)any Chemical Examiner of Assistant Chemical Examiner to Government; (b) the Chief Inspector of Explosives; (c) the Director of the Finger Print Bureau; (d) the Director, Haffkeine Institute, Bombay ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... evidence without objection to its admissibility or modes of proof, the appellant cannot be allowed to challenge its inadmissibility in appeal. This view is based upon the well established principle of law that the rules as regards the production of a document and strict proof thereof, as contained in the Evidence Act, can be dispensed with by consent of the parties and once a relevant document is admitted in evidence without any objection to its mode of proof, its admissibility can t be challenged in appeal. 7. In the instant case, the question is whether the rules of evidence as regards the production and strict proof of a document can be waived in a criminal case. Kenny answers this question in negative. He states that : A marked dis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dge has been approved by a recent decision rendered by the Division Bench of this court in Amarjit Singh Another v. State - Crl. Appeal No. 91/92 decided on 2-12-1994. In view of the dictum laid down by the said Division Bench, I have no option but to hold that the report (Ex. P.W. 5/D) of Shri Bansal was tendered and admitted in evidence without objection as to its admissibility or mode of proof, the appellant can t be allowed to challenge its admissibility in this appeal. Thus, the report (Ex. P.W. 5/D) clearly proves that the substance seized and produced in this case was poppy husk. 10. Considerable criticism has been advanced on behalf of the appellant to the acceptability of the prosecution evidence by the learned trial Judge. S. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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