Amendment status not verified — confirm the current text below against the official source.
Affidavits - Mere attestation not sufficient. - Affidavit can be filed by witnesses who have to depose to formal matters. Affidavit means statement of the deponent on simple af- firmation or solemn affirmation or on oath. Where the affidavit only bears the words "Attested" by Magistrate 1st Class, which does not comply with the requirement of attestation of an affidavit by the authority before whom it is sworn which requires that the Magistrate has to make an endorsement that the deponent whom he knows or whom he believes to be the person who is deposing on the identification of some other person whom he knows, has made the statement on simple affirmation or solemn affirmation or on oath before him. This type of certificate is missing from both the exhibits and the mere word attested does not mean that the deponents had made the statement in accordance with law and as such the so called affidavits cannot be taken in to consideration. In their absence there is no evidence to prove that the samples of opium were not tampered with by any person while they were in the custody of Moharrier Head Constable or in transit from Police Station to Chemical Examiner. Rules 9 and 11 of Chapter 18- B of the High Court Rules and Orders volume III have not been complied with and no conviction can be based without compliance. The mere use of word' attested' on the affidavit does not amount to compliance with law. The attesting magistrate should mention either that he hiI1Jself knows the deponent or had been identified before him by somebody whom he knows.