Law: Criminal Procedure Code (V of 1898)

Section: 510

Criminal Procedure Code (V of 1898)------   ----S. 510-Inspector of Explosives declared Chemical Examiner to Government-Report of such Inspector falls within S. 510.   In order to make a report admissible as evidence under section 510 of the Criminal Procedure Code, 1898 all that is required is that the report should be one made by a person who should be a Chemical Examiner or Assistant Chemical Examiner to Government. Any person holding any post if he is declared to be a Chemical Examiner to the Government, becomes a Chemical Examiner to the Government and his report comes to fall within the ambit of section 510 of the Criminal Procedure Code. Where the Government had by a notification declared the Inspector of Explosives to be a Chemical Examiner to the Government for the purpose of section 510 of the Criminal Procedure Code, it was held that the Inspector of Explosives was a Chemical Examiner to the Government and his report could be admitted in evidence in any inquiry or trial under the Code.     Date of hearing : 1st June, 1959.       JUDGMENT   Muhammad Ashraf appellant was convicted of an offence under section 5 of the Explosive Substances Act of 1908 and he was sentenced by Captain S. A. Gardezi, Additional District Magistrate by his order dated 9-1-1957 to four year' rigorous imprisonment. He came up to this Court on appear One of my learned brothers by his order dated 7-12-57 set aside the conviction and remanded the case to the trial Court for de novo trial. The defect in the order of conviction was that the report of the Inspector of Explosives was not con sidered to be a legal evidence.   When the case was retried the accused was discharged by the order of the Magistratedated 1-9-1958 because at that trial, Sher Muhammad, Sub-Inspector of Police was. not examined with regard to the recovery of the hand grenade from the possession of the accused. Only two witnesses, Allah Dad Khan, Lambardar and Ahmad Khan Zamindar, were examined and as they were found to be the enemies of the accused, their evidence was not believed as true. A revision application was preferred against that order to the District…