person from whom sample has been taken and / or accused expresses his written intention of getting the sample retested from a Central Laboratory ... analysis of the sample. Therefore, if had become the bounden duty of the complainant to get the sample retested from the Central Insecticides Laboratory
life of the
samples collected was expired. Thus, the Applicants herein were deprived of
their indefeasible right of the samples getting retested under Section ... life of the sample had already expired. Thus,
the Applicants have been deprived of their indefeasible right of getting the
sample retested and that
court. Besides expressing his intention to get the sample retested he is not required to do anything further. In the present case ... analysis of the sample. Therefore, if had become the bounden duty of the complainant to get the sample retested from the Central Insecticides Laboratory
adverse party at the time of directing retesting.
Statutes which provide for retesting of samples in the course of investigation
13
like The Drugs ... compelling circumstances justify a retest which came to be
allowed by order dated 03.02.2018. Upon retesting by CFSL, the samples
were found to contain Monoactylmorphine
sample of insecticide. However, the Insecticide Inspector did not care to send the second sample to C.I.L. for retesting. As already stated ... done. As already held, the Insecticide Inspector could get the second sample retested by the C.I.L. without the intervention of the Court
right conferred on the
person from whom the sample is drawn to get the sample retested
from CIL was frustrated. The complaint is therefore liable ... sample was sent again depriving the
person from whom the sample is taken, of his valuable right to get the
sample retested.
26. In view
have approached the complainant
or the court in time for getting sample retested, particularly when
the petitioner was issued a show-cause notice dated 31st ... that the sample seed had expiry
period upto 15.11.2007 or that the petitioner accused had statutory
right to get the sample retested before the expiry
complainant to send the sample or to make necessary arrangement, if required, to see that the sample is retested by the CIL even then ... complainant or to the person who has drawn the sample to send the sample for retest to CIL and he is supposed to approach
provided under Section 13 (2) of the Act for getting the sample retested by the CFL has been infringed, hence no fruitful purpose will ... applicant, He submitted that the trial court without getting the second sample retested by CFL has fixed the cases for evidence
petitioners,
were deprived of their valuable right of getting the second sample
retested, from the higher Laboratory, it may be stated here that the
Criminal ... retest. In case, they were so interested, in getting the second sample
retested, from the higher Laboratory, they were required, to approach
the Court
