Section 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 drug
1[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.
Notes:
1 Ins. by Act 21 of 1962, s. 15 (w.e.f. 27-7-1964).
2 Subs. by Act 13 of 1964, s. 17, for certain words (w.e.f. 15-9-1964).
3 Subs. by s. 17, ibid., for "or the said warrantor" (w.e.f. 15-9-1964).