PRAHLAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) The brief facts giving rise to this case are as follows Accused-petitioner Prahlad is being tried for offence under Sec. 8/18 of the N.D.P.S. Act in the Court of Additional Sessions Judge, Chhabra, Distt. Baran, in Sessions Case No. 27/94 (39/93). The evidence of the prosecution was closed on 30.3.1994. Arguments were heard on 1.4.1994 and 2.4.1994 and the case was posted for judgment. On 15.4.94, the date fixed for judgment, judgment was not pronounced. Public Prosecutor of the Court below was not present. One S.H.O., Heera Lal, appeared before the learned trial Judge and moved an application purporting to be one under Sec. 311 of the Crimial P.C. wherein a request was made that the Director of the F.S.L. (Forensic Science Laboratory) be called for evidence. The application was opposed on behalf of the accused-petitioner but the learned Additional Sessions Judge granted the prayer of the S.H.O. and directed summoning of an Officer of the Forensic Science Laboratory to give evidence before him.

(3.) It may here be recalled that the police had failed to produce the report of the Forensic Science Laboratory during the course of trial. Such a report could have been filed by the prosecution under Sec. 293 of the Crimial P.C. during the course of trial. The prosecution did not choose to adopt this course and closed its evidence.