Conflicting chemical reports and Section 293 admissibility can justify quashing prosecution when the accused-favourable report remains unimpeached.

A chemical examination report obtained in the course of criminal proceedings is treated as admissible under Section 293 of the Code of Criminal Procedure, 1973. Where two sample reports conflict, the report supporting the accused may be relied on for quashing proceedings if the prosecution does not lay a proper basis to impeach it. The note emphasises that a report not supported by the same procedural footing cannot easily displace the later report when the court is deciding whether prosecution should continue.

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Issues: Whether the later chemical examination report on the second sample could be relied upon to quash the prosecution, and whether the final report was liable to be interfered with under the inherent jurisdiction of the Court.

Analysis: The second sample was forwarded for examination in the course of criminal proceedings, so the resulting report fell within Section 293 of the Code of Criminal Procedure, 1973. The earlier report on the first sample, by contrast, did not have the same statutory support because that sample was not sent for analysis in the course of proceedings under the Code. When two conflicting reports exist, and the report favourable to the accused is not assailed in the final report, that report cannot be lightly displaced by a bare assertion that the prosecution may later adduce evidence to impeach it. On that basis, the Court found no reason to differ from the view that the later report should prevail for the purpose of deciding whether prosecution should continue.

Conclusion: The prosecution was quashed on the strength of the second report, and the petitioners succeeded.

Ratio Decidendi: A chemical examination report obtained in the course of criminal proceedings is admissible under Section 293 of the Code of Criminal Procedure, 1973, and where conflicting reports exist, the report favourable to the accused may be relied on for quashing proceedings if the prosecution does not provide a proper basis to impeach it.

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