Judgment :- 1. This is a matter taken in Calendar revision. The accused was convicted by the Judicial First Class Magistrate, Parur, under S.55 (a) of the Abkari Act for being in possession of 300 grams of Ganja, an intoxicating drug as defined under the Act. The substance recovered was sent from court to the Chemical Examiner's Laboratory for analysis. A report was submitted by the Joint Chemical Examiner who certified that it was Ganja. The Joint Chemical Examiner was not examined. The report was accepted by the trial court and the accused was convicted. In appeal, however, the Sessions Court held that the report was not acceptable and admissible in evidence as a Joint Chemical Examiner was not an authority coming within the ambit of S.293(4) of the Code of Criminal Procedure. As there was thus no evidence that the substance seized was Ganja, the accused was acquitted. 2. The view taken by the Sessions Judge was doubted and hence suo. mote revision was taken. The accused was heard through his counsel and the Public Prosecutor appeared for the State. 3. S.293 of the Code states that any document purporting to be a report under the hand of a Government scientific expert to whom the section applied, may be used as evidence in any proceeding under the Code. Sub-clause (4) which is relevant reads thus: "(4) This section applies to the following Government scientific experts, namely: (a) any Chemical Examiner or Assistant Chemical Examiner to Government; (b) the Chief Inspector of Explosives; (c) the Director of the Finger Print Bureau; (d) the Director, Haffkeine Institute, Bombay; (e) the Director, Deputy Director or Assistant Director of a Central Forensic Science Laboratory or a State Forensic Science Laboratory; (f) The serologist to the Government." This clause therefore advisedly uses 'Any Chemical Examiner or Assistant Chemical Examiner'. The word "any" is expressive. It indicates in the context, "one or another", or "one or more", "all or every" in the given category; it has no reference to any particular or definite individual, but to a positive but undetermined number in that category without restriction or limitation of choice. There can thus be no doubt that a Joint Chemical Examiner is a Chemical Examiner to whom S.293 of the Code applies whose certificate can be used as evidence in any enquiry under the Code as provided therein.
There can thus be no doubt that a Joint Chemical Examiner is a Chemical Examiner to whom S.293 of the Code applies whose certificate can be used as evidence in any enquiry under the Code as provided therein. The reasoning of the learned Sessions Judge to exclude the category of Joint Chemical Examiner from the ambit of S.293 does not therefore commend to me and can thus be no ground to acquit the accused. 4. A report of a Chemical Examiner, a specialist in the field, stating only his conclusions, without furnishing any data, showing the particulars on the basis of which that conclusion was reached, loses its essence and efficacy. He is not bound to show the details of his analysis, but bound to disclose the results of the analysis which led to his conclusion. The contents of the certificate of the expert or chemical examiner are subject to judicial scrutiny and the certificate or the report should itself show both the reasons and the conclusions. This is settled by a series of decisions of which I need mention only the decision of the Supreme Court in Dhian Singh v. Saharan-pur Municipality (AIR 1970 SC. 318). If data is not available, the Chemical Examiner may have to step in the witness box at the behest of the prosecution. In such cases, the prosecution cannot allow the expert to remain in the background, flourish his certificate against the accused and press for conviction. 5. In the present case, the Joint Chemical Examiner in Ext. P3 certificate merely says: 'The material in the packet was identified to be genuine ganja." It is not known how he reached this conclusion. Under the Abkari Act, intoxicating drug means, the leaves, small stalks and flowering or fruiting tops of the Indian hemp plant (Connabis Sativa L), including all forms known as bhang, siddhi or ganja. 6. Encyclopaedia Britannica describes 'Cannabis' as "an ancient intoxicating drug originally obtained from the flowering tops of the hemp plant" and proceeds to state as follows: "The dried, crushed product, which varies in strength depending on where and how it is grown, prepared for use, or stored, is usually smoked in cigarettes or pipes, but it can also be sniffed or taken in food.
The drug has long been used as a sedative oranalgesic, but it has no known use in modern medicine and is no longer an official drug. Its wide use as an intoxicant throughout the world has raised various medical and social questions, many of which are under continuing scientific investigation." In 1954 and 1957 the World Health Organisation affirmed that Cannabis does not possess any therapeutic value and in 1965, a WHO publication declared, "that the harm to society derived from abuse of Cannabis consists of the impairment of the individual's social functions and his enhanced proneness to social and antisocial behaviour". 7. The Hemp plant is a tall, stout, strong smelling annual plant of the mulberry family. It is herbaceous but tend to become woody with age, has a single hollow stem, with leaves palmately compound with toothed margins. The upper surface of the leaves is dark green, the lower lighter. Epidermal hairs occur on both surfaces Flowers are small and inconspicuous. They do not have petals. The fruit of hemp is small and dry. None of these characteristic features were referred to by the Chemical Examiner when he merely opined that it was Ganja. The penetrating smell, the peculiarities of the botanical features and the like should have been furnished so that the court could have been satisfied that the Examiner had in fact analysed and come to a correct conclusion on the materials available before him. 8. In the circumstances, the bald certificate of the Joint Chemical Examiner cannot be accepted to prove that the accused was in possession of Ganja. The acquittal can thus be supported on this ground. In the result, the acquittal is confirmed and the revision disposed of. Dismissed.