Law:

Section:

Drugs Act (XXIII of 1940), S. 25-Mere non-compliance with provision of subsection (2) of S. 25 in not supplying to person, from whom sample taken, a copy of report of Government Analyst-Does not make report inadmissible in evidence-Contents of report not only prove themselves but are considered conclusive unless objection taken. Subsection (2) of section 25 of the Drugs Act, 1940 requires that a copy of the report of the Government Analyst shall be delivered to the person from whom the sample is taken and another copy to the warrantor, if any, named under the proviso to sub­section (3) of section 19. Then comes subsection (3) which makes the report evidence of the facts stated therein and further­more snakes it conclusive "unless the person from whom the sample was taken or the said warrantor 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." It will thus be seen that the contents of the report not only prove themselves but are also considered to be conclusive unless objection is made. Subsection (3) of section 25 provides the consequence of non-compliance with the provisions of subsection (2) of the said section. Thus, if no report is supplied, all that happens is that the contents of the report do not become conclusive evidence; but they are nevertheless evidence and rebuttable at the stage of the trial. This does not mean that at the trial the contents of the report cannot be utilised as evidence. The intention of the Legislature appears to be to merely give an adequate opportunity to the person charged to challenge the correctness of the report. If this has not been done, then the contents of the report become conclusive evidence. In any event, the provisions are clear and leave no room for doubt that if the copy of the report is not supplied to the accused, the report is, nevertheless, admissible in evidence and proves itself but its contents are not conclusive evidence. On the other hand, if a copy has been supplied and the appellant does not raise any…

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