Additional evidence in remand proceedings: Rubber Board certificate admitted, with evidentiary value left open for final hearing.

A Rubber Board certificate was admitted on record as additional evidence in remanded proceedings concerning whether a hose sample was made of vulcanised rubber. Objections that the document was belated, that the sample was not shown to have been drawn in the presence of officers, and that the test basis was not disclosed did not prevent admission at this stage. The evidentiary value of the certificate was expressly left open for determination at the final hearing.

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Issues: Whether the letter/certificate issued by the Rubber Board should be taken on record as additional evidence in the remanded proceedings.

Analysis: The application sought to place on record a Rubber Board certificate said to show that the hose sample was made of vulcanised rubber. Objection was raised that the document was being introduced at a belated stage, that the sample was not shown to have been drawn in the presence of the officers, and that the certificate did not disclose the exact test or criteria adopted. The order only considered admissibility at this stage and left the question of evidentiary worth open for consideration at the hearing of the case.

Outcome: The letter of the Rubber Board was taken on record, and both sides were left free to contest its evidentiary value at the time of final hearing.

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