unless it is
established so. It is further submitted that the reanalysis report Ex.
CW-1/A of the sample drawn from the contraband during ... that
since nothing new or alien has come in the reanalysis report, no
benefit can be given to the accused on account of the broken
view of the above submission, it is clarified that if
the report of reanalysis to be received is favourable to the
petitioners, it will
State.
We have been taken through the allegations contained in the F.I.R. and the
material on record.
It is submitted by learned counsel ... first analysis, on the basis of
which report has been lodged, sulpher was found 74.5% but after reanalysis
by another laboratory it was found
controvert the report. In the present cases the Insecticides Inspector was
notified that the accused intended to adduce evidence to controvert the report ... facts given in the report of the
Government Analyst, the fourth sample with the Magistrate had not been sent for
reanalysis. The observations in Amery
Prevention of Food Adulteration
Rules, 1955." Upon receipt of the report the complainant,
after obtaining sanction, filed complaint against the respondent -
accused ... report
was received on 18.5.2002 and then the complaint was filed. On
3.6.2002 at Exhibit 74, respondent original accused has made
application for reanalysis
Copies
of the said report were communicated to the petitioners on
15.05.2000, whereafter the request made by the petitioners for
reanalysis of another part
Court. In the case of Shriram Harichand Gujaral Vs.State of
Gujarat reported in 1976(17)
GLR 434, this Court has held
that the provisions ... case of State of
Gujarat Vs.Ramanbhai Durlabhbhai Patel & Anr.
reported in 1997(2) GLH 457.
It was held that the provisions contained under
Chief Agriculture Officer
Jalandhar, on 31.08.06, for the purpose of analysis. The report of the
Senior Analyst, Insecticide Lab, Amritsar, was received, on
05.10.06, according ... Thus, the samples were found to be misbranded.
A copy of the report of the Senior Analyst, Insecticide Lab,
Amritsar, in respect of the samples
less than 28.0.
11. In the instant case, as per the analytical report, the R.M.Value found was only 19.8, which is less than ... found in the sample and asked to send a sample for reanalysis. As contended by the learned counsel appearing for the respondent, when there
colour and texture was observed. The samples were again sent for
reanalysis as per which the purity of diacetylmorphine came ... improper storing. Thus accused
would be entitled to benefit of subsequent report. In view of the law laid
down in the case of Ansar Ahmed
