Section 61 — AKTA EKSAIS 1976

(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, in which case he shall give notice thereof to the defendant not less than three clear days before the day of the trial.

(3)

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

shall be sent to the defendant or prosecutor at least ten clear days before the day of the trial, and if it is not so sent the court may adjourn the trial on such terms as it may deem fit.

(4)

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

(5)

In this section, “analyst” means—

96 Laws of Malaysia ACT 176

(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 engineer under the

Registration of

Engineers Act 1967 [Act 138];

(c)

a registered geologist under the Geologists Act 2008

[Act 689];

(d)

an Inspector of Weights and Measures appointed as such under any written law relating to weights and measures in force in Malaysia;

(e)

an agronomist;

(f)

a botanist;

(g)

a plant pathologist; and

(h)

a plant entomologist.

(5A)

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

(6)

If any analyst is called by the defendant as provided by subsection (1), he shall be called at the expense of the defendant.

(7)

If in any trial or proceeding held under this Act it is necessary to determine the alcoholic content of any liquor, the certificate of a senior officer of excise as to such alcoholic content shall be accepted as if such officer were an analyst, and in any such case the provisions of subsections (1), (4) and (6) shall apply in the same manner and to the same extent as if such officer were an analyst.

Excise 97

Evidential provisions