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Report No. 25

11. Insertion of new section making opinion conclusive.-

The second solution1, making the opinion of the officer conclusive subject to the opinion of a higher officer, is an unusual one, and is not in accordance with the procedure ordinarily adopted in criminal cases. It would deprive the accused of an opportunity to cross-examine the officer making the report and to lead evidence in rebuttal of the statements contained therein. It is true that there is a precedent in section 25, Drugs Act, 1940; but we do not think that, for the present purpose, it is necessary to adopt the drastic provisions of section 25 of the Drugs Act, 1940.

1. Para. 9(U), supra.

Evidence of Officers about Forged Stamps, Currency Notes, etc Back

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