Law: Drugs Act, 1940

Section: 25,27,23(4)

Drugs Act (XXIII of 1940)------   ------ Ss. 25, 27 & 23(4)-Interpretation of S. 25-Report of Government Analyst and Chemical Examiner Report, though in terms of second part of S. 25(3) cannot be treated as conclusive evidence where no copy of report was supplied to person from whore sample was taken-Presumption under first part of S. 25(3) unless rebutted by contrary Evidence can be sufficient basis for conviction of offence under S. 27-Lapse of 4 years since prosecution started-Sentence: fine of Rs. 500 only.   A manufacturer of drugs was prosecuted for offence under section 27 of the Drugs Act, 1940 after a report had been received from the Government Analyst that the drug was not of standard quality. No copy of the report was supplied, as required under section 25(3) of the Act, to the manufacturer. It was, therefore, contended that the manufacturer, in the circum stances, could not be prosecuted for offence under section 27 of the Act.   Held, the effect of the second part of subsection (3) of section 25 of the Drugs Act, 1940, is only this-that the report of the Government Analyst cannot be treated as conclusive evidence against the person, from whom the sample was taken, where no copy of the report was supplied to him. But under the first part of the subsection, there is presumption that the facts stated in the report are correct. This presumption, unless rebutted by contrary evidence, can be a sufficient basis for the conviction of an accused.   Dates of hearing: 9th and 10th August 1966.   JUDGMENT   NOORUL ARFIN, J.-This is an acquittal appeal by the Additional Advocate-General, West Pakistan, against the order of the First Class Magistrate, Tando Muhammad Khan by which he acquitted the respondent Muhammad Siddiq of the offence under section 27 of the Drugs Act, 1940. The following are the relevant facts concerning this case.   The respondent Muhammad Siddiq carries on the business of manufacture of drugsat Lahore under the name of Unison Chemical Works. He supplied Tincture Benzoin to Taj Medical Store of Tando Muhammad Khan. under his invoice No. 8810 dated 16- 10-1961. On 6-8-1962, the Inspector of Drugs…