Bhagga Ram vs State
2021 Latest Caselaw 10019 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 683/2020

Bhagga Ram

----Petitioner Versus State

----Respondent

For Petitioner(s) : Mr. Bhagirath Ray Bishnoi For Respondent(s) : Mr. Anda Ram Choudhary, P.P.

HON'BLE MR. JUSTICE SANDEEP MEHTA

Order

05/07/2021

Learned Public Prosecutor has placed on record the

antecedent report of the appellant, which indicates that one more

case under the NDPS Act was registered against him during the

period he was on bail in the present case.

Learned counsel for the appellant-applicant vehemently

and fervently submits that the FSL report was neither exhibited

during trial nor the same was put to the accused in the statement

under Section 313 CrPC.

On going through the impugned judgment, it is

apparent that the FSL report dated 28.10.2010 is unquestionably

available on the case file. Law is well-settled that an expert's

report referred to in Section 293 CrPC can be admitted in evidence

by merely supplying a copy thereof to the accused or his counsel

and that neither any formal exhibit is required to be marked

thereupon nor is there any requirement to put such report to the

accused under Section 313 CrPC.

(2 of 2) [SOSA-683/2020]

Learned counsel for the appellant prays for time to

address the court on this issue.

List after one week. In the meantime, a certified copy

of the FSL report shall be provided forthwith to Mr. Bishnoi.

(SANDEEP MEHTA),J

105-Pramod/-

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