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Showing contexts for: protocol of tests applied in Nagar Mahapalika Of Kanpur vs Sri Ram And Anr. on 8 May, 1963Matching Fragments
28. The opinion to be expressed by the Public Analyst shall, therefore, be on points on which the Court shall later record a finding. In the circumstances, the result of analysis is none other than the data obtained after analysis on which the Public Analyst may base his opinion and not the test applied or further details of analysis.
29. In this connection a reference may also be made to the provisions of the Drugs Act, 1940, and the rules framed thereunder. Section 25 of the Drugs Act prescribes the contents of a report to be submitted by the Government Analyst or the Director of the Central Drugs Laboratory. Under Sub-section (1) the Government Analyst has to deliver to the Inspector a signed report in triplicate in the prescribed form. The form is probably Form No. 2 prescribed under Rule 6 of the U.P. Drugs Rule, 1945. It contains three clauses. Clause 1 relates to certification that the sample has been tested, analysed and that the result of such test analysis is as stated below the certificate; clause 2 is to contain the condition of the seals on the packet on its receipt; and clause 3 is to contain the opinion of the Analyst. Below the certificate are to be noted the details of results of the tests or analysis with protocol of the tests applied. Sub-section (4) of Section 25 of the Drugs Act governs the report to be submitted by the Director of the Central Drugs Laboratory after test or analysis of the sample of the drug. The Director has also to submit a report in writing of the result of test or analysis. Rule 6, however, lays down that the result of test or analysis together with full protocols of the test applied shall be supplied to the sender of the sample in Form 2. A consideration of the rule and the Form 2 shall make it clear that the result of the test or analysis is distinct from protocols of the test applied. The word 'protocol' has not been defined in the Drugs Act, nor in the U.P. Drugs Rules, and, consequently, it must be assigned its ordinary meaning. In Shorter Oxford Dictionary (Vol. II) the meaning of 'protocol' has been given below :-