Section 282 in Rules under the United Provinces Excise Act, 1910
282. Analysis of and production as to intoxicants which may be produced in evidence.
(1)When it appears necessary to the Excise Inspector or other officer prosecuting any Excise case that an intoxicant produced in the case should be analysed, he should move the Magistrate conducting the inquiry to have such analysis carried out by the Chemical Examiner. Only the Magistrate in question can make a reference to the Criminal Examiner (vide paragraph 499 of the Manual of Government Orders).(2)In case which samples have been sent to the Chemical Examiner it is necessary to prove that the intoxicant from which sample was drawn is the same as was recovered from the accused, this can be done by producing formal witnesses who handled the intoxicant at various stages from its recovery to exhibition in court.(3)The fact that the Chemical Examiner's report is in respect of the intoxicant from which sample was sent can be similarly proved by the formal evidence of officials of the court concerned who handled the intoxicant in course of drawal and dispatch of sample therefrom.(4)As attempts are sometimes made to tamper with such articles in transit or elsewhere, the Excise Officer in-charge of an important case should request the trying Magistrate to retain, under his seal in his own possession a portion of the intoxicant. Should the Excise Officer in-charge of the case subsequently have reason to suppose that the sample sent to the Chemical Examiner has been tampered with he should request the Magistrate to despatch in a sealed package that portion of the intoxicant which he had retained under his own seal in charge of a responsible official, who should be required to produce it personally before the Chemical Examiner.Note. - All samples of intoxicants [as defined in Section 3(13) of the Excise Act] should be sent to the Chemical Examiner to Government, Agra who is the Chemical Examiner for Excise Department for the purposes of Section 510 of the Criminal Procedure Code, 1898.
