Section 121 — CUSTOMS ACT 1967

(2)

In like manner a certificate of analysis purporting to be under the hand of an analyst shall, on production thereof by the defendant, be sufficient evidence of the facts stated therein, unless the prosecutor requires that the analyst be called as a witness.

(3)

A copy of the certificate referred to in subsections (1) and (2)

shall be sent to the defendant or prosecutor not less than ten clear days before the day fixed for the hearing of the summons, and if it is not so

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sent the court may adjourn the hearing on such terms as it may think proper.

(4)

Analysts are by this Act bound to state the truth in certificates of analysis under their hands.

(5)

In this section, “analyst” means—

(a)

a registered chemist under the Chemists Act 1975 [Act 158]

or a person authorized under section 23A of such Act, or his employee working under his supervision;

(b)

a registered pharmacist under the Registration of

Pharmacists Act 1951 [Act 371] or his employee working under his supervision;

(c)

a registered engineer under the Registration of Engineers

Act 1967 [Act 138]; or

(d)

a registered geologist under the Geologists Act 2008

[Act 689].

(5A)

The Minister may, after consultation with the relevant Minister, appoint any qualified person or class of qualified persons by notification in the Gazette to be an analyst for the purpose of this section.

(6)

If an analyst is called by the defendant as provided by subsection (1), he shall be called at the expense of the defendant unless the court otherwise directs.

(7)

If in any trial or proceeding had under this Act it is necessary to determine the alcoholic content of any liquor, the certificate of a senior officer of customs as to such alcoholic content shall be accepted as if such officer were an analyst and in any such case subsections (1), (4)

and (6) shall apply in the same manner and to the same extent as if such officer were an analyst.

Customs 141

Admissibility of statements and documents of persons who are dead or cannot be traced, etc.