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← Excise Act 1976

Excise Act 1976 s 61

Excise Act 1976 s 61

Some sections could not be extracted from the official PDF, so this text may be incomplete.

s 61 Evidence of analysis may be given in writing

(1) In any prosecution under this Act or any regulations made thereunder, 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 of the trial. (2) In like manner a certificate of analysis purporting to be under the hand of an analyst shall, on production thereof by the defendant, 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 defendant not less than three clear days before the day of the trial. (3) A copy of the certificate referred to in subsections (1) and (2) shall be sent to the defendant or prosecutor at least ten clear days before the day of the trial, and if it is not so sent the court may adjourn the trial on such terms as it may deem fit. (4) Analysts are by this Act bound to state the truth in certificates of analysis under their hands. (5) In this section “analyst” means— (a) a person employed as Chemist in the Department of Chemistry, or as Chemist or Assistant Chemist at the Institute for Medical Research; (b) the Senior Chemist, Department of Agriculture; (c) a person employed as chemist or geologist in the Geological Survey Department; (d) Government Medical Officers; (e) any person appointed by the Minister by notification in the Gazette, to be a Document Examiner; (f) the Inspector of Weights and Measures appointed as such under any written law relating to weights and measures in force in Malaysia; (g) the Agronomist or Senior Agronomist; (h) the Botanist or Senior Botanist; (i) the Plant Pathologist or Senior Plant Pathologist; (j) the Plant Entomologist or Senior Plant Entomologist; and (k) any person or class of persons to whom the Minister by notification in the declares that this section shall apply. (6) If any analyst is called by the defendant as provided by subsection (1), he shall be called at the expense of the defendant. (7) If in any trial or proceeding held under this Act it is necessary to determine the alcoholic content of any liquor, the certificate of a senior officer of excise as to such alcoholic content shall be accepted as if such officer were an analyst, and in any such case the provisions of subsections (1), (4) and (6) shall apply in the same manner and to the same extent as if such officer were an analyst.

Read this section in the full act → · Open Part XI →

Find Act 176 on lom.agc.gov.my ↗

Text as at 1 January 2006 (LOM reprint); amendments made after that date may not be incorporated.

Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).

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