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Section 115A

of Customs Act 1967

ActIn forceProvision 181 of 294

Section 115A

(1)

In any proceedings in respect of any offence against this

Act or any regulation made thereunder in which the existence, description, classification, composition, quantity, quality or value of, or any other matter in relation to, any goods returned under paragraph 115(1)(a) or (b) or sold or destroyed under paragraph 115(1)(c), is in question, any document produced by the prosecution purporting to be a certificate in respect of any such matter given and signed by—

(a)

an “analyst” within the meaning of subsection 121(5); or

(b)

a senior officer of customs; or

(c)

any person, regardless whether or not he is a public officer, authorized by or on behalf of the Minister, either generally or in any particular case, for the purposes of this section, shall be admissible in evidence and its conclusiveness shall not be challenged on the ground that the goods in respect of which the certificate is given has not been produced before the court either in part or in entirety, and it shall be evidence of its contents, including the facts stated therein, without proof of the signature to such certificate.

(2)

The provisions of this section shall apply notwithstanding anything contained in any other written law or rule of evidence to the contrary.

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