Law:

Section:

(a) East Pakistan Pure Food Ordinance (LXVII of 1959), Ss. 6(l) & 44-Section 6(1) prohibitory and not penal-Person cannot be convicted under S. 6(1) but only under S. 44 read with S. 6(I). (b) East Pakistan Pure Food Ordinance (LXVII of 1959), S. 32(3) read with Criminal Procedure Code (V of 1898), S. 510 Public Analyst's report - Admissibility - Analyst's report though not admissible without formal proof under S. 510, Criminal Procedure Code yet in view of provisions of special law viz. S. 32(3), East Pakistan Pure Food Ordinance, 1959 admissible in evidence Report of Analyst must, however, be full, complete and contain grounds of opinion-Meagre and cryptic report without any reasons Not sufficient for conviction without Analyst being examined as witness and opportunity being given for his cross-examination by accused-Presumption of accuracy not attached to such report. The report of an analyst is not covered by section 510, Crimi nal Procedure Code, 11398 and it is not admissible thereunder without a formal proof. It appears from the provisions of sections 46(3), 31(3) and 32(3) of the East Pakistan Pure Food Ordinance, 1959 that a report of an analyst is admissible in evidence. Subsection (3) of section 32 of the Ordinance has clearly made it admissible. Since the special law, namely, the East Pakistan Pure Food Ordinance, 1959 has made the report of the analyst admissible in evidence it must be held that the report of a public analyst appointed under the Ordinance, is admissible in any inquiry, trial or proceeding under the said Ordinance. The provisions in the Ordinance have laid down a special rule of evidence and made a document purporting to be a report of the analyst admissible in evidence without calling such analyst as a witness. The provisions relating to the production of a report by the analyst in place of analyst's own personal appearance in Court, being the special provisions of law, must be strictly adhered to. In view of the fact that the report of an analyst may be used as evidence, without his being examined as a witness, his report should be full and complete and must contain the grounds of his opinion. A meagre and cryptic…