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87. Generally, the opinion of an expert though relevant, requires the expert to be examined as a witness in court otherwise his report cannot be admitted in evidence. Section 273 of the CrPC lays down a general rule that all evidence taken in the course of a trial or other proceeding shall be taken in the presence of the accused. However, Sections 292 and 293 CrPC are exceptions to the general rule as laid down in Section 273 CrPC. Both these sections also depart from the elementary rule of law that unless the evidence is given on oath and is tested by cross-examination, it is not legally admissible against the party affected. Section 293 CrPC make the report of the certain Government Scientific Experts mentioned in sub-section (4) of this section, admissible in evidence without calling him as a witness.

88. Section 293 CrPC corresponds to Section 510 of the old Code of Criminal Procedure, 1898 and Section 510 of the old code was bifurcated into two sections-292 and

293. Section 292 deals with the evidence of officers of Mint, Controller of Stamps whereas Section 293 deals with evidence of certain scientific experts.

89. The legislative intention behind the framing Patna High Court D. REF. No.1 of 2020 dt.10-09-2021 of Section 510 vis-a-vis section 292 and 293 CrPC can be well- judged from the observation recorded by The Law Commission's 41st Report. It was observed therein:

90. Thus, the report of any of expert specified under said Section, on any matter duly submitted to him for examination or analysis was recommended by the Law Commission to be considered as good evidence.

91. It was further observed that section 510(2) makes it obligatory for the court to summon the Chemical Examiner or other officer mentioned in sub-section (1) if either party so desires. The provision was considered unsatisfactory and the Law Commission recommended an amendment to the section to the extent that summoning any such expert should be Patna High Court D. REF. No.1 of 2020 dt.10-09-2021 left to the discretion of the Court. The recommendations of the Law Commission were eventually accepted and the provision was amended accordingly. The provision as laid down under section 293 CrPC, was further amended through Criminal Law (Amendment) Act, (45 of 1978) and Criminal Law (Amendment) Act 2005 (2 of 2006) and reports of some more Government Scientific Experts were included under sub-section (4) of section 293 CrPC.

92. Section 293 CrPC makes a report of the certain Government Scientific Experts mentioned under sub- section (4) of this Section admissible in evidence without calling him as a witness.

93. Although it is not required to examine the expert as a witness to prove his report under Section 293 CrPC, the report cannot be read in evidence unless it is tendered in evidence.

94. In Wali Muhammad vs. Emperor reported in AIR 1924 All 193, the Allahabad High Court held: "Under Section 510 of the Code of Criminal Procedure any document purporting to be a report under the hand of a Chemical Examiner upon any matter duly submitted to him for examination and report may be used as evidence in any enquiry, Patna High Court D. REF. No.1 of 2020 dt.10-09-2021 trial or other proceeding. This, however, does not imply that without tendering it in evidence it can be made use of for the first time in appeal. It is a piece of evidence that does not require any formal proof, but at the same time it must be tendered as evidence and used as such, so that the accused may have a chance of questioning the identity of the packets".