Power of
Superin-
tendent to take samples.
Extracts
from re- cords to be primâ facie evidence.
Magistrate may employ an analyst
to report on technical points.
Certificate of Govern- ment or
Monopoly Analyst to be sufficient evidence.
Protection
of informers from discovery.
116
Miscellaneous.
46.--(1) Every person applying for a permit under this Ordinance shall allow the Superintendent or any person authorized by him in writing either generally or for a particular occasion to take samples of the oils to which the application relates.
(2) Every person licensed under this Ordinance and the holder of every permit under this Ordinance shall allow the Superintendent or any other persons authorized by him in writing either generally or for a particular occasion to take samples of any oils in his possession, custody or control.
(3) The Superintendent or the person authorized by him as hereinbefore provided may select the case or receptacle from which the sample is to be taken.
47. In all proceedings under this Ordinance and in all proceedings for the recovery of any duty on hydrocarbon oils, the production of any copies of or extracts from the records of the Superintendent purporting to be certified by the Superintendent shall be primâ facie evidence of the facts stated or appearing therein or to be inferred therefrom.
48. The magistrate hearing any charge under this Ordin- ance may employ an analyst or other skilled person to report on any technical point, and may order the payment of the fee of such analyst by the defendant in addition to any other penalty, and such fee shall be recoverable in the same way as a penalty imposed under this Ordinance is recoverable.
49. At the hearing of any charge under this Ordinance, the production of a certificate purporting to be signed by the Government or Monopoly Analyst shall be sufficient evidence of the facts therein stated, unless the defendant requires that the Analyst should be called as a witness, but, if the defendant shall require the Analyst to be called, the magistrate may order him in addition, to any other penalty to pay a fee of twenty-five dollars for the attendance of the Analyst, such fee to be recoverable in the same way as a penalty imposed under this Ordinance is recoverable and to be paid into the Treasury. When any such certificate bears the same number or mark as a sealed packet produced by the prosecution at the hearing, it shall, until the contrary is proved, be presumed that such certificate relates to the contents of such packet.
50. Except as hereinafter mentioned, no information laid under this Ordinance shall be admitted in evidence in any civil or criminal proceeding whatsoever and no witness shall be obliged or permitted to disclose the name or address of any informer under this Ordinance or state any matter which might lead to his discovery. Moreover, if any books, documents or papers which are in evidence or liable to inspection in any civil or criminal proceeding whatsoever contain any entry in which any informer is named or described or which might lead to his discovery, the court shall cause all such passages to be concealed from view or to be obliterated so far as may be necessary to protect the informer from discovery but no further. But if on the trial of any offence under this Ordinance the magistrate after full inquiry into the case believes that the informer wilfully made in his information a material statement which he knew or believed to be false or did not believe to be true or if in any
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