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 Case Digest

Drugs and Cosmetics Act, 1940
Section 25(3)-Analyst's report-Not in prescribed form-lf admissible
Section 25(3)-Analyst's report-Not in prescribed form-lf admissible
Analyst's report-Not in prescribed form-lf admissible - The appellant was convicted under s. 18 (a) (ii) and s. 27 of the Drugs Act for having manufactured and exhibited for sale a drug which did not ontain the ingredients in the proportion mentioned in the label pasted on the container of the drug. The prosecution produced in evidence a certificate given by the Government Analyst. In appeal to this Court, the appellant contended that in the absence of the protocols, the report was not in the prescribed form and hence was not admissible in evidence. HELD : Rule 46 and Form 13 contemplate analysis and test as two different things for otherwise both words would not have been mentioned, nor the word "or" been put between them. It is true that the rule and form require the protocols of a test should be stated but they do not require any protocols to be stated in the report of an analysis. In the present case the report only gave the result of the analysis; it did not give the result of any test; nor did it say that any test had been carried out. Indeed, no dispute existed as to the components constituting the drug, the only dispute being as to the quantities in which they were so contained. That being so, the report was in the prescribed form and was fully admissible in evidence. [33 C-E] It was irrelevant to consider whether the Analyst should also have carried out a. test. Even if he should have and did not, that would not prevent the report of the result of the analysis from being admitted in evidence. [33 E-F] Raj Kishan v. State of U.P. A.I.R. 1960 All 460, referred to.
1966 AIR 1022, 1966(3) SCR 31


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