Amendment status not verified — confirm the current text below against the official source.
Report of Excise sub-inspector as to nature of Iiquor - Whether statement of clerk sufficient. - Prosecution for possession of illicit liquor on report of excise sub- inspector. Fact in issue was whether liquor possessed was of illicit original. Excise Sub-inspector not exam- ined to prove fact in issue but Excise Clerk proving report of Excise sub-inspector who had been transferred. In absence of circumstances which would make report admissible under section 32 Evidence Act or some other section of Evidence it could not take the place of sworn statement of maker thereof to prove that liquor of illicit origin - Accused deprived of the advantage of testing accuracy of sub-inspector's opinion by questions in cross-examination - Conviction of accused under section 60( 1) held was not proper.