Analyst's certificate to be
prima facie evidence.
Magistrate may order independent analysis.
Non-disclo-
sure of information.
586
whom the defendant purchased the same, and that, if the article had truly conformed to such warranty or statement, the sale of the article by the defendant would not have constituted the offence charged against him.
(2) No warranty or other written statement given or made by a person resident outside the Colony shall be
any defence under this section unless the defendant proves that he had taken reasonable steps to ascertain and did in fact believe in the truth of the matters set forth in such warranty or statement.
(3) No warranty or other written statement shall be any defence under this section if it is proved that the defendant knew or had reason to suspect that the article sold did not conform to such warranty or state-
ment.
(4) No warranty or other written statement shall be any defence in any prosecution unless the defendant has within seven days after service of the summons delivered to the prosecutor a copy of such warranty or statement with a written notice stating that he intends to rely thereon and specifying the name and address of the person from whom he received it, and has also within the same time sent by registered post a like notice of his intention to such person.
(5) When the defendant is a servant or agent of the person who purchased the article under such a warranty or written statement, he shall be entitled to the benefit of this section in the same manner and to the same extent as his employer or principal would have been if he had been the defendant, unless it is proved that the servant or agent knew or had reason to suspect that the article did not conform to the warranty or statement.
22.—(1) A certificate of analysis purporting to be under the hand of an analyst shall, on production thereof by the prosecutor, be sufficient evidence of the facts stated therein unless the defendant requires that the analyst be called as a witness, in which case he shall give notice thereof to the prosecutor not less than three clear days before the day on which the summons is returnable.
(2) In like manner a certificate of analysis purport- ing to be under the hand of an analyst shall, on pro- duction 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 such last-mentioned certificate shall be sent to the prosecutor at least three clear days before the day fixed for the hearing of the summons and if it is not so sent the magistrate may adjourn the hearing on such terms as he may think proper.
23. When a sample has been dealt with in accord- ance with section 7 the magistrate shall, on the request of either party to such proceedings and may if he thinks fit without such request, order that the part of the sample retained by the officer be submitted to another analyst for analysis.
24. No prosecutor or witness in any prosecution under this Ordinance shall be compelled to disclose the fact that he received any information or the nature of such information or the name of any person who gave such information; and no officer appearing as a prosecutor or witness shall be compelled to produce any confidential reports or documents made or received by him in his official capacity or to make any state- ment in relation thereto.