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1 - 6 of 6 (0.20 seconds)Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
The Code of Criminal Procedure, 1973
The Prevention Of Food Adulteration Act, 1954
State Of Madhya Pradesh vs Khizar Mohammad And Ors. on 24 February, 1996
7. So far as the contention with regard to maintainability of the Revisions
are concerned, in view of the judgment of Khizar Mohammad (supra) as
cited by counsel for applicant, the Revisions are maintainable. In view of
aforesaid, contention raised in this regard by respondent / State has no force
and therefore, rejected.
Nandram Khemraj vs State Of Madhya Pradesh And Anr. on 16 September, 1994
10. From perusal of the aforesaid provision, it is clear that though the
parties are same between whom the statement of deceased Drug Inspector
was recorded before charge but the second ingredient which is required for
fullfilment of section 33 of the Evidence Act that if the adverse party in the
first proceeding had the right and opportunity to cross examine the witness,
has not been fulfilled. At the time of framing of charge, the cross-
examination as done by the counsel for applicant was limited to the
proceedings of charge only and after that several documents were tendered
and admitted in evidence and before giving opportunity of cross-examination
to the applicant, the Drug Inspector passed away, therefore, he could not
come before the trial court. It would be profitable to refer to the judgment of
this Court in the matter of Nandram Khemraj Vs. State of Madhya Pradesh,
1995 MPLJ 83 relied upon by the applicant. Relevant paragraph Nos.15,16
and 17 are reproduced below :
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