Section 25 of the Drugs and Cosmetics Act 1940 - Reports of Government Analysts

Section 25 governs the report issued after a statutory drug or cosmetic sample is tested by a Government Analyst, the evidentiary status of that report, the time allowed to dispute it, and the circumstances in which the sample may be sent to the Central Drugs Laboratory.

Key points under Section 25

The Government Analyst sends a signed report in triplicate to the Inspector.
Copies are supplied to the persons specified in sub-section (2), while the Inspector retains the prosecution copy.
A Government Analyst's report becomes conclusive unless a written intention to controvert it is given within 28 days of receipt, subject to Section 25.
Where the statutory conditions are met, the Court may send the sample to the Central Drugs Laboratory for test or analysis.
The Central Drugs Laboratory report under sub-section (4) is conclusive evidence of the facts stated in it.

Meaning and purpose of Section 25

Section 25 forms part of Chapter IV of the Drugs and Cosmetics Act, 1940. It establishes the evidentiary procedure that follows sampling under Section 23. The provision is important because the Government Analyst's report can have conclusive evidentiary effect if the statutory opportunity to challenge it is not exercised within the prescribed 28-day period.

The expression Government Analyst is connected with Section 20, under which Government Analysts are appointed for the purposes of Chapter IV. The testing procedure is supplemented by the Drugs Rules, 1945. In particular, Rule 46 deals with the procedure on receipt of a sample and requires the Government Analyst, after test or analysis, to supply the Inspector a report in triplicate in Form 13 together with the prescribed analytical material.

Section 25 - Statutory provision explained

Sub-section (1): Report in triplicate. A sample submitted under Section 23(4) is tested or analysed by the Government Analyst. The Analyst must deliver a signed report in triplicate, in the prescribed form, to the Inspector who submitted the sample.

Sub-section (2): Distribution of copies. On receiving the report, the Inspector must give one copy to the person from whom the sample was taken and another copy to the person, if any, whose particulars were disclosed under Section 18A. The third copy is retained for use in any prosecution concerning the sample.

Sub-section (3): Evidentiary effect and 28-day notice. A document purporting to be a Government Analyst's signed report under Chapter IV is evidence of the facts stated in it. Its evidence becomes conclusive unless an entitled person, within 28 days after receiving a copy, gives written notice to the Inspector or to the Court where proceedings concerning the sample are pending that the person intends to adduce evidence in controversion of the report.

Sub-section (4): Central Drugs Laboratory test. If the sample has not already been tested or analysed by the Central Drugs Laboratory and a valid notice under sub-section (3) has been given, the Court may, on its own motion or in its discretion at the request of the complainant or accused, send the sample produced before the Magistrate under Section 23(4) to the Central Drugs Laboratory. The Laboratory's written report, signed by or under the authority of its Director, is conclusive evidence of the facts stated in it.

Sub-section (5): Cost of Central Laboratory testing. The cost of a test or analysis under sub-section (4) is payable by the complainant or the accused as directed by the Court.

Why the 28-day period matters

Sub-section (3) creates a specific statutory mechanism for disputing the Government Analyst's report. The relevant person must notify the Inspector or the Court in writing, within 28 days of receiving the report, of the intention to adduce evidence in controversion. The provision should therefore be read together with the requirements governing lawful sampling, preservation of sample portions and production of the sample before the Magistrate under Section 23.

Practical legal point: The statutory right under Section 25(3) and (4) depends on the facts of the particular case, including service of the report, the date of receipt, the written notice given, the condition and availability of the sample, and whether the sample has already been tested by the Central Drugs Laboratory.

Related provisions and rules

Section 23 governs the Inspector's sampling procedure and is expressly referred to in Section 25. Section 18A concerns disclosure of the name, address and other particulars of the person from whom the drug or cosmetic was acquired. Section 20 concerns Government Analysts. Rule 45 of the Drugs Rules, 1945 sets out duties of Government Analysts, while Rule 46 addresses receipt and testing of samples and the report in Form 13.

Legislative notes retained from the provision

The references to cosmetics in Section 25 were inserted by Act 21 of 1962 with effect from 27 July 1964. The wording concerning the additional person whose particulars are disclosed under Section 18A was substituted by Act 13 of 1964 with effect from 15 September 1964.

Official legal resources

For the current statutory text and rules, refer to the official India Code database and the Central Drugs Standard Control Organisation Acts and Rules page. The CDSCO also publishes the Drugs Rules, 1945 and subsequent regulatory material.

Disclaimer: This article is a general legal reference and does not substitute for the current official text, applicable rules, notifications, judicial decisions or case-specific legal advice.