LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

sharad sharma (advocate)     07 July 2011

Exhibition of documents criminal case Food Adulteration

Food Inspector has filed a case u/s 7/16 of  Prevention of Food Adulteration Act, Food Inspector has already died after cross-examination before framing of charge. Final arugment has been heard, Food Inspector has not exhibited important documents such as Memorandum, report of public analyst, sanction letter of Local Health authroity etc. Will such documents will be accepted as evidence if they are not exhibited ? Is there any citation on this issue.


 5 Replies

pratik (self working)     08 July 2011

My opinion Exhibition process is only in civil case it is not applicable in criminal case.

Sir can u pls tell me where it has been stated that in criminal case also exhibition process is complusory.


Amit Parmar (Junior Lawyer)     09 July 2011

Sorry Mr Pratik

                        Exhibiting the documents means to take a judicial notice of that document and it is very compulsory for proving the document, and it is in Civil as well as Criminal proceedings ....

                         Sharmaji as in your case the important documents for the prosecution has not been proved as in food case the public analyts reports is consider to be important so i think that you should not worry above this i  am reffering you some of the important  citetion regarding the Exhibiting the Documents which will help you for acquital ..........

* Saint Tarajee khimchand and others V / S Yelamarti Satyam and others reported in AIR  1971 SC.1865  where it was held that 

Mere making of a document as an exhibit does not dispense with its proof.

* Bai Chanchal D/o Patel Ranchodbhai  V / S Motibhai Zaverbhai Patel reported in 1986 GLH 163 where it was  held that

Sec 67 & 68 of The Evidence Act Document not prove. Not admissible in the evidence.

*  Hon’ble Patna High Court in case of Mosti Rajwati Devi and others V / S The Joint Director, Bihar reported in AIR 1989 PAT 66 which laid down that

Sec 61 documents upon which reliance is placed must be brought on record legally. Documents do not prove themselves. Passing of order on basis of documents, no witness examined for proving documents. There is procedural infirmtive in passing impunged order..............

                 I got acqultal in Negotiable Instrument act with this judgement so  I think that this judgements is sufficient and will help you for your acquital order ...........


v.sreenivas sivaram (senior civil judge CUM ADMINISTRATIVE OFFICER)     10 July 2011

better try this link

1 Like

Amit Parmar (Junior Lawyer)     10 July 2011

Thanks Mr. V sreenivas

                              thanks for your refrence it is very helpful ..........

Raghav Sood (Lawyer)     11 July 2011

their is only one evidence act 1872 which applicable to both civil and criminal cases


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register