[XXIII of 1940]

Sections 16 and 25(3)—Report of the analyst regarding the sale of adulterated drugs having not been supplied to the accused and by affording him no opportunity to adduce evidence to controvert the same, the report in question taken as a conclusive evidence was in clear violation of provisions of Drugs Act.

Plea of lack of knowledge of the spuriousness of the drug—A person cannot be said to be negligent unless the omission would be omission to do something which an ordinary man would do in a given case guided upon a consideration that regulates human conduct.

The prosecution failed to prove that the proceedings were conducted according to the provisions of the Drugs Act rendering the whole proceeding a nullity. Abdul Hannan Chowdhury and Asgar Hossain vs Shamsul Huq Sikder 41 DLR 246.