TOBACCO.
No. 10 of 1916.
2441
intendent shall be primâ facie evidence of the facts stated or appearing therein or to be inferred therefrom.
may employ
52. The magistrate hearing any charge under this Ordinance 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.
points.
or Monopoly
evidence.
53. 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.
of informers
54. 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 other proceeding the magistrate is of opinion that justice cannot be fully done between the parties thereto without the discovery of the informer, it shall be lawful for the magistrate to require the production of the original information and permit inquiry and require full disclosure concerning the informer.
;
TOBACCO.
No. 10 of 1916.
2441
intendent shall be primâ facie evidence of the facts stated or appearing therein or to be inferred therefrom.
may employ
52. The magistrate hearing any charge under this Ordi- Magistrate nance may employ an analyst or other skilled person to report an analyst on any technical point, and may order the payment of the fee to report on of such analyst by the defendant in addition to any other technical penalty, and such fee shall be recoverable in the same way as a penalty imposed under this Ordinance is recoverable.
points.
or Monopoly
evidence.
53. At the hearing of any charge under this Ordinance, Certificate of the production of a certificate purporting to be signed by the Government Governinent or Monopoly Analyst shall be sufficient evidence Analyst to be of the facts therein stated, unless the defendant requires that sufficient the Analyst should be called as a witness, but, if the defend- ant 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.
of informers
54. Except as hereinafter mentioned, no information laid Protection under this Ordinance shall be admitted in evidence in any civil or criminal proceeding whatsoever and no witness shall discovery. 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, docu- ments 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 other proceeding the magistrate is of opinion that justice cannot be fully done between the parties thereto without the discovery of the informer, it shall be lawful for the magistrate to require the production of the original information and permit inquiry and require full disclosure concerning the informer.
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