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.
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