Amery Pharmaceuticals And Anr vs State Of Rajasthan on 16 March, 2001
The Apex Court further held he can also avail himself of the remedy
indicated in sub-section (4) of Section 25 of the Act by requesting the
court to send the other portion of the sample remaining in the court to
be tested at the Central Drugs Laboratory. It was further held that no
court is under a compulsion to cause the said sample to be so tested if
the request is made after a long delay. It was further held that the
discretion has been conferred on the court to decide whether such
sample should be sent to the Central Drugs Laboratory on the strength
of such request. However, once the sample is tested at the Central
Drugs Laboratory and a report as envisaged in Section 25(4) of the
Act is produced in the court the conclusiveness mentioned in that sub-
section would become incontrovertible.