Section 11 in The Gujarat Cotton Seeds (Regulation of Supply, Distribution, Sale and Fixation of Sale Price) Act, 2008
11. Report of Seeds Analyst.
(1)The Seeds Analyst shall, as soon as may be after the receipt of the sample from the Seeds Inspector, analyse the sample at the State Seeds Testing Laboratory and furnish a report on the result of the analysis to the Seeds Inspector, within thirty days of receipt of the sample to the laboratory.(2)The Seeds Inspector shall on the basis of the report of the Seeds Analyst under sub-section (1), institute proceedings for the prosecution on the producer or, as the case may be, vendor of the said seeds.(3)After institution of prosecution under this Act, the accused producer or vendor or, as the case may be, the complainant may on payment of the prescribed fees, make an application to the Court for sending any of the sample retained with Seeds Inspector or producer or vendor as per discretion of Magistrate to any of the laboratory referred to in section 7 of this Act, for its report. The Court shall first ascertain the mark or seal or the fastening as may be prescribed or the intact. On receipt of the application, the Court may dispatch the sample under its own seal to any of the referral laboratory specified for the purpose, which shall thereupon send its report to the Court in the prescribed form specifying the result of the analysis within a period of thirty days from the date of receipt of the sample.(4)The report sent by the referral laboratory under sub-section (3) shall supersede the report given by the Seeds Analyst under sub-section (1).(5)When the report sent by the referral laboratory under sub-section (3) is produced in any proceedings, it shall not be necessary to produce any such sample or part thereof taken for analysis in any proceedings.
