Lawgist25Reports 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.
Download our fully-offline, High speed android app.- Click here
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).
- 16 Standards of quality
- 17 Misbranded drug
- 17A Adulterated drugs
- 17B Spurious drugs
- 17C Misbranded cosmetic
- 17D Spurious cosmetics
- 17E Adulterated cosmetic
- 18 Prohibition of manufacture and sale of certain drugs and cosmetic
- 18A Disclosure of the name of the manufacturer, etc
- 18B Maintenance of records and furnishing of information
- 19 Pleas
- 20 Government Analysts
- 21 Inspector
- 22 Powers of Inspectors
- 23 Procedure of Inspectors
- 24 Persons bound to disclose place where drugs or cosmetics are manufactured or kept
- 25 Reports of Government Analysts
- 26 Purchaser of drug or cosmetic enabled to obtain test or analysis
- 26A Powers of Central Government to regulate, restrict or prohibit manufacture, etc., of drug and cosmetic in public interest
- 26B Powers of Central Government to regulate or restrict, manufacture, etc., of drug in public interest
- 27 Penalty for manufacture, sale, etc., of drugs in contravention of this Chapter
- 27A Penalty for manufacture, sale, etc., of cosmetics in contravention of this Chapter
- 28 Penalty for non-disclosure of the name of the manufacturer, et
- 28A Penalty for not keeping documents, etc., and for non-disclosure of information
- 28B Penalty for manufacture, etc., of drugs or cosmetics in contravention of section 26A
- 29 Penalty for use of Government Analyst’s report for advertising
- 30 Penalty for subsequent offences
- 31 Confiscation
- 31A Application of provisions to Government departments
- 32 Cognizance of offences
- 32A Power of Court to implead the manufacturer, etc
- 32B Compounding of certain offences
- 33 Power of Central Government to make rules
- 33A Chapter not to apply to Ayurvedic, Siddha or Unani drugs
