78Evidentiary provisions

78 Evidentiary provisions

[Section 78 Subsection (1) amended by No. 27 of 1991, s. 5 and Sched. 1 ]

(1)  *[Section 78 Subsection (1) amended by No. 27 of 1984, s. 35 ]*In proceedings in respect of an offence against this Act –

(a) the production of a document purporting to be an analyst's or inspector's certificate prepared pursuant to section 25 is evidence of the facts therein stated if tendered by –

(i) the prosecutor; or

(ii) the defendant if he has, not less than 7 days before the hearing, delivered a copy thereof to the prosecutor –

unless the party against whom the document is tendered has given notice in writing to the other party, at least 4 days before the hearing, that he requires the analyst, a person who, under the supervision of the analyst, was involved with the analysis or the inspector to be called as a witness; and

(b) if the defendant requires the portion of a substance retained as provided by section 61 (1) (e) to be produced at the hearing, he shall give the prosecutor not less than 3 days' notice in writing of his requirement; and

(c) [Section 78 Subsection (1) amended by No. 80 of 2001, Sched. 1, Applied:01 Jul 2002] section 177A of the Evidence Act 2001 does not apply.

(2)  In proceedings in respect of an offence against this Act, when it is necessary or proper to prove in respect of a particular substance that it conforms to any of the following descriptions, namely:

(a) that it is a poison or poisonous;

(b) that it consists of or contains poison;

(c) that it is a restricted substance;

(d) that it is a narcotic substance –

then in every such case –

(e) evidence that a substance commonly sold under the same name or description as that particular substance conforms to any of the descriptions contained in , , , or is evidence that that particular substance also conforms to the same description accordingly;