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SECTION 16.
GOVERNMENT ANALYSTS
16. Government Analysts.- The Federal
Government of a Provincial Government may, by notification in the official Gazette,
appoint such persons it thinks fit, having the prescribed qualifications, to be the
Federal Government Analysts or, as the case may, be Provincial Government Analysts, for
such areas and in respect of such drugs or classes of drugs as may be specified in the
notification:
Provided that no person who has any financial interest in the manufacture, import, export
or sale of drugs shall be so appointed:
Provided further that a person serving under the Federal Government or another Provincial
Government shall not be so appointed without the previous consent of the Government.
COMMENTS
This section is not ultra vires the provisions of the
Constitution as it has sufficiently, protected the basic right of an accused to defend
himself. (Under the section it is open to the accused to rebut to report of the analyst
and the Court to reject the report when it is satisfied with the rebuttal.)
The report itself when it embodies the protocols of tests applied by the analyst would
become conclusive evidence of the results therein (The official statement or account which
is the description of the experiment or clinical report is the protocol of test within the
meaning of R. 5 of the Drugs Rules.)
A report of the analyst which simply states the result of the test but does not give the
protocols at all is not conclusive evidence of the facts stated in it. Failure to give the
protocol would seriously prejudice the accused in his defence and hence his conviction
cannot be sustained. Report not containing factual data cannot be treated as conclusive
evidence.
The report of the analyst can be treated as conclusive evidence only when the samples on
which the tests have been made were taken in accordance with the provisions of sub-section
(3) of Section 23.
The report of the analyst becomes conclusive only when it has not been challenged
according to the procedure prescribed in the section.
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