149. In any prosecution under this Act, the certificate relating to the analysis of any beverage suspected of being alcoholic signed by the analyst of the Corporation shall be accepted as proof, prima facie, of the facts set forth therein and of the authority of the person who signed such certificate, without further evidence of his appointment or of his signature. The cost of such analysis shall also be included in the costs of the proceeding.
Where several containers of identical size containing an alcoholic beverage of the same brand are seized at the same time, the prosecutor is bound to supply a certificate of analysis of the beverage seized only in respect of the beverage contained in one of the containers, unless the judge, on application by the defendant, orders the contents of a determined number of such containers to be analysed.
Prior notice of such application must be given by the defendant to the prosecutor, unless the latter waives prior notice. Article 172 of the Code of Penal Procedure (chapter C-25.1) applies to the application.
1971, c. 19, s. 153; 1974, c. 14, s. 78; 1994, c. 26, s. 5.