Section 39
Certificate of Analyst to be prima facie evidence
A certificate of analysis purporting to be under the hand of an
Analyst and complying with subsection 38(2) shall, on production thereof by the prosecutor, be sufficient evidence of the facts stated therein unless the accused requires that the Analyst be called as a witness, in which case he shall give notice thereof to the prosecutor not less than ten clear days before the day fixed for the hearing of the case.
(2)
In like manner such a certificate of analysis shall, on production thereof by the accused, 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 accused not less than ten clear days before the day fixed for the hearing of the case.
(3)
If the accused intends to put in evidence a certificate of analysis of an Analyst, he shall send to the prosecutor a certified copy of the certificate at least fourteen clear days before the day fixed for the hearing of the case, and if it has not been so sent the court may adjourn the hearing on such terms as it thinks proper.
Laws of Malaysia ACT 149
42