law: Prevention of Food Adulteration Act, 1954
  13. Report of public
  
  analyst. -
  1[(1) The public
  
  analyst shall deliver, in such from as may be prescribed. a report to the Local
  
  (Health) Authority of the result of the analysis of any article of food
  
  submitted to him for analysis.
  (2) On receipt of the
  
  report of the result of the analysis under subsection (1) to the effect that
  
  the article of food is adulterated the Local (Health) Authority shall, after
  
  the institution of prosecution against persons from whom the sample of the
  
  article of food was taken and the person, if any, whose name, address and other
  
  particulars have been disclosed under Sec. 14-A forward, in Such manner as may
  
  be prescribed, a copy of the report of the result of the analysis to such
  
  person or persons, as the case may be, informing such person or persons that if
  
  it is so desired, either or both of them may make an application to the Court
  
  within a period of ten days from the date of 'receipt of the copy of the report
  
  to get the sample of the article of food kept by the Local (Health) Authority
  
  analyzed by the Central Food Laboratory.
  2 (2-A) When an
  
  application is made to the Court under sub-section (2), the Court shall require
  
  the Local (Health) Authority to forward the parts of the sample kept by the
  
  said Authority and upon such requisition being made, the said Authority shall
  
  forward the part or parts of the sample to the Court within a period of five
  
  days from the date o receipt of such requisition.
  (2-B) On receipt of
  
  the  part or parts of the sample from the Local (Health) Authority under
  
  sub-section (2-A), the Court shall first ascertain that the mark and sea] or
  
  fastening as provided in Cl. (b) of sub-section (1) of Sec. 11 are intact and
  
  the signature or thumb impression, as the ease may be, is not tampered with,
  
  and dispatch the part or, as the case 1-nav be, one of the parts of the sample
  
  under its own seal to the Director of the Central Food Laboratory who shall
  
  thereupon send a certificate to the Court in the  prescribed  form
  
  within one month from the date of receipt of the part of the sample specifying
  
  the result of the analysis.
  (2-C) Where two parts
  
  of 'the sample have been sent to the Court and only one part of- the sample has
  
  been sent by the Court to the Director of the Central Food Laboratory under
  
  subsection (2-B), the Court shall, as soon as practicable, return the remaining
  
  part to the Local (Health) Authority and that Authority shall destroy that part
  
  after the certificate from the Director of the Central Food Laboratory has been
  
  received by the Court:
  Provided that where
  
  the part of the sample sent by the Court to Director of the Central Food
  
  Laboratory is lost or damaged, the Court shall require the Local (Health)
  
  Authority to forward the part of the sample, if any, retained by it to the
  
  Court and on receipt thereof the Court shall proceed in the manner provided in
  
  sub-section (2-B).
  (2-D) Until the
  
  receipt of the  certificate of the result of the analysis from the
  
  Director of the Central Food Laboratory, the Court shall not continue with the
  
  proceedings pending before it in relation to the prosecution.
  (2-E) It, after
  
  considering the report, if any, of the Food Inspector or otherwise, the Local
  
  (Health) Authority is of the opinion that the report delivered by the public
  
  analyst under sub-section (1) is erroneous, the said Authority shall forward
  
  one of the parts of the sample kept by it to any other public analyst for
  
  analysis and if the report of the result of the analysis of that part of the
  
  sample by that other public analyst is to the effect that the article of food
  
  is adulterated, the provisions of sub-sections(2) to (2-D)) shall, so far as
  
  may be, apply.]
  (3) The certificate
  
  issued by the Director of the Central Food Laboratory under sub-section (2-B)
  
  shall supersede the report given by the public analyst under subsection (1).
  (4) Where a certificate
  
  obtained from the Director of the Central Food Laboratory 2[under  sub-
  
  section  (2-B)] is produced in any proceeding under this Act or under
  
  Sees. 272 to 276 of the Indian Penal Code (45 of 1860), it shall not be
  
  necessary in such proceeding to produce any part of the sample of food taken
  
  for analysis.
  (5) Any document
  
  purporting to be a report signed by a public analyst, unless it has been
  
  superseded under sub-section (3), or any document purporting to be a
  
  certificate signed by the Director of the Central Food Laboratory, may be used
  
  as evidence of the facts stated therein in any proceeding under this Act or
  
  under Sees. 272 to 276 of the Indian Penal Code:
  3[Provided that
  
  any document purporting to be a certificate signed by the Director of the Central
  
  Food Laboratory [not being a certificate with respect to the analysis of the
  
  part of the sample of any article of food referred to in the proviso to sub-
  
  section (I -A) of Sec. 161 shall be final and conclusive evidence of the facts
  
  stated therein.]
  4[Explanation-In
  
  this section, and in Cl. (9 of sub-section (1) of Sec. 16, "Director of the
  
  Central Food Laboratory" shall include the officer I or the time being in
  
  charge of any Food Laboratory (by whatever designation he is known) recognized
  
  by the Central Government for the purposes of this section.
  1. Subs. by Act 34
  
  61'1 976.  Sec. I 0. for sub-section (1) and (2) (w.e.f. Ist
  
  April 1976).
  2. Subs. by Act 34 of
  
  1976.  Sec.10 for under sub-section(2)" (w.e.f. Ist April
  
  1976).
  3. Subs. by Act 34 of
  
  1976. Sec. 10 for proviso  (w .e . f.  Ist April 1976)
  4. Ins. Ibid. (W.e.f.
  
  Ist April. 1976).