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Section 25 – The Drugs and Cosmetics Act, 1940

The Drugs and Cosmetics Act, 1940

 

 

25. Reports of Government Analysts. –

 

(1) The Government Analyst to whom a sample of any drug 1[or cosmetic] has been submitted for test or analysis under sub-section (4) of section 23, shall deliver to the Inspector submitting it a signed report in triplicate in the prescribed form.

 

(2) The Inspector on receipt thereof shall deliver one copy of the report to the person from whom the sample was taken 2[and another copy to the person, if any, whose name, address and other particulars have been disclosed under section 18A], and shall retain the third copy for use in any prosecution in respect of the sample.

 

(3) Any document purporting to be a report signed by a Government Analyst under this Chapter shall be evidence of the facts stated therein, and such evidence shall be conclusive unless the person from whom the sample was taken 3[or the person whose name, address and other particulars have been disclosed under section 18A] has, within twenty-eight days of the receipt of a copy of the report, notified in writing the Inspector or the Court before which any proceedings in respect of the sample are pending that he intends to adduce evidence in controversion of the report.

 

(4) Unless the sample has already been tested or analysed in the Central Drugs Laboratory, where a person has under sub-section (3) notified his intention of adducing evidence in controversion of a Government Analyst’s report, the Court may, of its own motion or in its discretion at the request either of the complainant or the accused: cause the sample of the drug1[or cosmetic] produced before the Magistrate under sub-section (4) of section 23 to be sent for test or analysis to the said Laboratory, which shall make the test or analysis and report in writing signed by or under the authority of, the Director of the Central Drugs Laboratory the result thereof, and such report shall be conclusive evidence of the facts stated therein.

 

(5) The cost of a test or analysis made by the Central Drugs Laboratory under sub-section (4) shall be paid by the complainant or accused as the Court shall direct.

 

 

(5) The cost of a test or analysis made by the Central Drugs Laboratory under sub-section (4) shall be paid by the complainant or accused as the Court shall direct.

 

COMMENTS

 

(i) Section 25 does not offend Article 21 of the Constitution as it has sufficiently protected the basic right of an accused to defend himself; T. Babulal v. Drugs Inspector, Madras, 1969 Cri L J 699: (1970) 1 MLJ 124.

 

(ii) There can be no prejudice to the accused if the Drugs Inspector, instead of sending the sample to the Government Analyst, sends it to a higher authority namely the Central Drugs Laboratory; Ram Shankar Misra v. State of U.P., (1980) 1 SCC 255.

 

(iii) The Public Analyst can analyse the sample himself or cause it to be analysed by some other person; Bechan v. State, AIR 1966 All 91: 1966 Cri LJ 122.

 

(iv) It is not necessary to mention in the analysis report the methods or technological processes adopted by the Analyst; Dhian Singh v. Municipal Board, Saharanpur, AIR 1970 SC 318: (1969) 2 SCC 371.

 

(v) If accused wants to call the Public Analyst as a witness it is his duty to take appropriate steps; Municipal Corporation of Delhi v. Asa Ram, 1972 Cri LJ 1651 (Del).

 

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1. Ins. by Act 21 of 1962, sec. 15 (w.e.f. 27-7-1964).

 

2. Subs. by Act 13 of 1964, sec. 17, for certain words (w.e.f. 15-9-1964).

 

3. Subs. by Act 13 of 1964, sec. 17, for “or the said warrantor” (w.e.f. 15-9-1964).

 

 

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The Drugs and Cosmetics Act, 1940

 

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