submission of advance samples was so confident
that it furnished the bank guarantee. When the samples were
rejected, it requested for retesting / joint testing ... sent for retesting. Further, it
communicated the result of retesting to the petitioner after
about four months of the samples sent for retesting.
29. Admittedly
sent as samples to the CRCL and had directed for retesting of the
samples of the case property. Ld. Defence counsel has also pointed ... that a huge variation in the percentage of diacetylmorphine on a sample
being retested cannot be accepted solely on the ground of the lapse
version. The
report of the CRCL regarding the examination of the twelve
samples taken by the IO/PW5 from the above contraband
substance seized ... accused had also sought
the redrawing of fresh samples out of the remaining case
property and retesting thereof. As also stated above, the
above request
parcel received back from the CRCL
after the retesting of the samples and no damaged to the
seals or tampering with the parcel ... remaining case
property is reflected from the record when fresh samples
for retesting were drawn in this court on 06.10.2009
from the remaining case property
Rana,
under whom supervision and directions the sample proceedings were
conducted have deposed on the similar lines as deposed by PW1 in his
examination ... standard of
the food commodity. The manufacturer / distributor got the sample retested
from CFL, since they were concerned with the sample commodity. He has
also
application for retesting the sample, to
determine the percentage of Diacetylemorphine and the sample was sent again for
retesting. Vide order dated ... Diacetylemorphine in the sample of smack. As per the second FSL report dated
30.11.2005 according to which the sample retested
Analyst analysed the sample on and
opined that the sample contains Magnesium carbonate in violation of
Rule 62 and that the sample is also misbranded ... therefore, they could not exercise their valuable
right of getting the sample retested and that there has been a
contravention of section
sole ground.
14. Moreover, if the application is made belatedly and
the sample is found to be decomposed or deteriorated, the
accused would ... which confers a substantive right on the accused to get
the sample retested. In case the sample was found to be
putrified, decayed
said sample was passed.
MCA No.26/18 Page No. 3 of 15
However, when the said sample was again retested by the plaintiff ... found as 124.24% and,
therefore, the said sample was passed. However, when the said
sample was again retested on 07.01.2016 by the appellant
curd
sample would have not retained its original qualities and
therefore the statutory right of the appellants to get the sample
retested by the CFSL ... held
that the right of the accused persons of getting the sample
retested by CFSL was frustrated due the filing of the complaint
beyond four
