TMI Blog1994 (11) TMI 433X X X X Extracts X X X X X X X X Extracts X X X X ..... rector or Assistant Director of the Central or a State Forensic Laboratory and thus being not a statement under the hand of any of the experts mentioned in sub-section 4(e) of section 293 of the Code of Criminal procedure, it could not be taken to be admissible in evidence in view of the said provision of the Code and that once this portion is accepted it cannot be taken as established on the record that the substance recovered was opium In support my attention has been drawn to Heera Lal v.State ; Khalil Ahmed v. State, Crl. Appeal 80 of 1992 decided on October 27, 1994; Rajesh Kumar v. The State (Delhi Administion) Crl. Appeal No.110 of 1989 decided on October 18. 1994, Nizamuddin v. The State, Crl. Appeal No.82 of 1990 decided on Septemb ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the report was tendered by the investigating Officer and was admitted in evidence without objection as to its admissibility or mode of proof. It appears that at no stage of the trial not even at the stage of final arguments was any such objection taken. It is only now in appeal that objection as to its mode of proof is being raised. The question is, can such an objection be allowed to be taken now? The learned counsel for the appellant submits that the appellant can raise such an objection even in appeal and seeks to rely upon a judgment of this court in Attar Singh v. State, (Delhi Administration) 1994(III) Ad (Delhi) 626. (7) Before I proceed to deal with the judgment in Attar Singh's case, I may hasten to add that in none of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal. In K..Latchayya Subadhi v. Seetaramayya , it was held: THE rules as regards the production of documents and strict proof of documents, as contained in the Evidence Act, can be dispensed with, by consent of parties and, when the parties agreed to treat a document as evidence, it is not open to one side or the other, to object to such a document in appeal, or at a later stage. Any document may be objected to, if it is an irrelevant document; where the document is relevant and the contents are relevant, it is open to the other party to dispense with strict proof. (10) In Bhagat Ram v. Khetu Ram, Air 1929 Pc 110, no objection was taken to the admissibility of a document at the trial. The Privy Council held it as admissible. The ju ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ra) on the ground that it was based on section 510 of the Code as it stood before amendment. However, the judgment in Phool Kumar's case makes no reference to section 511) of the Code of Criminal Procedure as it stood before its amendment. It no where saves that the report was being held to be admissible on account of section 510 to the Code. The Apex Court treats it as admissible on the basis to general proposition of law that once a document is admitted in evidence without challenge to mode of proof, its being read into evidence would not be open to challenge in appeal. The Court thus followed what had already been held by it earlier. In any case, even it be held that the judgment in Phool Kumar's case does not favor the view I am ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ration of the documents. The Station House Officer belies him, for, as per him, recovery was made after the Assistant Commissioner of Police had left the place of recovery. Interestingly, Kulwant Singh gives the age of the Assistant Commissioner of Police as 50 years whereas, as per the Investigating Officer, the Assistant Commissioner of Police was only 25 vears of age. Not only this, whereas Kulwant Singh tells us that the Station House Officer had let the place of recovery while the Assistant Commissioner of Police was still there, the Station House Officer tells us that the Assistant Commissioner of Police had left in his presence. While the Station House Officer and the Investigating Officer say that the parcels containing case propert ..... X X X X Extracts X X X X X X X X Extracts X X X X
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