Section 128
Certificate of analysis
—
In any prosecution under this Ordinance, a certificate of analysis purporting to be under the hand of an analyst shall, on production thereof by the prosecuting officer, be sufficient evidence of the facts stated therein unless such analyst shall be required to attend as a witness—
(a)
by the court; or
(b)
by the accused, in which case the accused shall give notice to the prosecuting officer not less than three clear days before the commencement of the trial:
Provided always that in any case in which the prosecuting officer intends to give in evidence any such report he shall deliver a copy thereof to the accused not less than ten clear days before the commencement of the trial.
(2)
In this section, “analyst” means—
(a)
a person for the time being employed wholly or partly in chemical or physical analytical work relating to minerals in the
Department of Minerals and Geoscience or the Government; or
(b)
a person engaged in chemical or physical analytical work relating to minerals and employed by a laboratory recognized by the Department of Minerals and Geoscience.
(3)
If any analyst is called by the accused as provided for by subsection (1), he shall be called at the expense of the accused unless the court otherwise directs.