In the Scottish Courts
| DOI | 10.1177/002201836102500305 |
| Published date | 01 July 1961 |
| Date | 01 July 1961 |
| Subject Matter | Article |
In the Scottish Courts
PRODUCTIONS-BEST
EVIDENCE
McLeod o,
Woodmuir
Miners Welfare Society
(1960,
S.L.T.
349)
THE fact
that
the best evidence must always be led is per-
haps too well known to require comment,
but
there is, of
course,
the
question as to what, in any given circumstances, is
the
best evidence.
The
question in this case came to be: was
the
best evidence produced?
Section 28 of the Food &Drugs (Scotland) Act, 1956
empowers authorised officers of a local authority to exercise
powers of procuring samples of food.
It
is to be noted, how-
ever,
that
their powers are strictly limited to "taking samples"
and
that
is
just
what they did in this case.
They
purchased
whisky which they then disclosed was for analysis and follow-
ing on
the
analysis of
the
sample thus obtained by
them
proceedings were instituted against the seller because
the
whisky was not up to
the
standard marked on the bottle.
The
label on
the
bottle, from which the sample was poured, bore
that
it was 70 degrees proof, while
the
analysis disclosed that
it was only 65.7 degrees proof.
In
the course of his evidence
the
Sampling Officer was asked to speak to what was written
on
the
label.
The
Defence Agent objected on the ground that
neither
the
label nor
the
bottle were produced. Sampling
Officers, of course, have been given no powers to seize articles
and thus they did not and could not have taken possession of
the
bottle of whisky from which
the
sample was taken.
The
Defence contended
that
the evidence offered was secondary
evidence and
that
the bottle or the label should have been
produced.
The
Sheriff accepted this argument and found
the
charge not proven. He thought
that
if the actual bottle or
label could not have been produced, at least, a similar bottle or
label should have been tendered.
The
High Court Judges,
however, took
the
opposite view. Lord Sorn, in the course of
his opinion, commented pointedly on the fact that
the
Sampling
2°4
To continue reading
Request your trial