Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1898 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Criminal Trial - Offence under Prohibition Act - Blood taken before start of investigation - Report of chemical examiner - Procedure prescribed not followed - Admissibility of report - Re-trial, when can be ordered - Bombay Prohibition Act, 1949 (Bom. 25 of 1949) ss. 66, 129 A, 129 B - Code of criminal procedure, 1898 (Act 5 of 1898), ss.428, 510. On account of injuries received in a motor accident the appellant was taken to the hospital at 6 A. M. on April 3, 196!. As he was found 'smelling of alcohol, a specimen of his blood was taken and collected in a phial. Subsequently, when investigation started this phial was taken by the investigation Officer on April 13 and sent to the Chemical Examiner on April 18. On examination, it was found to have a concentration of alcohol in excess of that mentioned in s. 66 (2) of Bombay Prohibition Act. The trial Court convicted the appellant relying upon the presumption arising on the report of the Chemical Examiner. On appeal, the Sessions Judge found that no evidence hap been produced regarding the safe custody of the phial from April 3 to April 18, regarding its storage at a place where it was not liable to deteriorate and regarding its delivery to the Chemical examiner, and ordered a retrial. This order was upheld by the High Court, The appellant contended (i) that the report of the Chemical Examiner was not admissible in evidence at the trial of the appellant for an offence under the Bombay Prohibition Act as the blood had not been collected in the manner prescribed by s.129 A, and (ii) that the order for a fresh trial was illegal. |
Judge | Honble Mr. Justice J.C. Shah Hon'ble Mr. Justice K.C. Das Gupta |
Neutral Citation | 1963 INSC 27 |
Petitioner | Pandit Ukha Kolhe |
Respondent | The State Of Maharashtra |
SCR | [1964] 1 S.C.R. 926 |
Judgement Date | 1963-02-11 |
Case Number | 131 |
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