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
getting the ample retested from the Central Insecticides Laboratory ?
2. Whether getting the sample tested from the Central Insecticides Laboratory without getting it first tested ... debarring the accused of the valuable right of getting the sample retested provided under Sub-section (4) of Section
petitioner-
company has lost its valuable right of getting the sample retested from the
Central Drug Laboratory, Kolkata and after the expiry of the drug ... Court of Chief
Judicial Magistrate, Kapurthala under Section 25(4) for retesting the sample
was filed on 27.05.2004 and the petitioner-company never appeared before
sample retested. Infact, a specific stand has been
taken that a request for retesting of the sample was made by M/s Intas
Pharamaceuticals Limited
parties concerned with the matter. Any requests as to
retesting/re-sampling shall not be entertained under the
NDPS Act as a matter of course ... provision under the NDPS Act for sending the second sample for
retesting. In paragraph 22, it has been observed as under:
22. Even though
statutory right has been conferred on the petitioners to get the samples
retested from the Central Seeds Laboratory and the samples have to be
tested ... sample of seeds in December 2009 and thus
the valuable statutory right of the petitioners to have the sample
retested/renalysed from the Central Seeds
evidence and request you to kindly arrange to get the sample retested from the Central Insecticides Testing Laboratory as per provisions of Section ... that the petitioner therein had made a request to have the sample retested. However, as in the present case, no action was taken
Petroleum Act, 1934 the contesting respondents had a right to
have fresh samples drawn and get the same re-tested within seven
days of intimation ... application before the trial Court in the said suit for fresh
sampling/retest of the products. Though an objection was raised
Sahni Greesh
that a categoric request was made by
the petitioners regarding retesting of the sample by the Central Insecticide
Laboratory. Before the Chief Judicial Magistrate ... that they acted in collusion with petitioners to delay the retesting of
the samples beyond the expiry date. A status report was sought from
accused has not exercised his option to get the second
sample re-tested. The report was sent to the accused through
registered post and postal ... merits as the petitioner had not chosen to get
the sample retested second time despite given a notice and report of
the Public Analyst
