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
adhered to at the time of taking sample but only three
samples were taken.
2) If the sample fails, the explanation of the dealer should ... which is in violation of the
Guidelines of retesting and the alleged retesting of Tank Truck sample in the
absence of the dealer should
Retail Outlet sample will be compared with the supply point sample.
In the present case, as the sample was not made available at the time ... there is no provision for drawing fresh
samples and only the samples earlier drawn can be
retested stands in clear contradiction with the mandate
respondent no.4 or proper officer of the customs to draw samples for
retesting the consignment relating to Bill of Entry No.529098 dated 18th ... authorities of the Central Food Laboratory, Kolkata who shall retest the
samples and shall give a report to the petitioner with a copy
retention alon with RO sample. In this
case your RO sample has failed whereas TT
and supply location samples have passed in
lab test ... sampling and
action to be taken thereafter clearly provides
for taking 3 samples. This was done in the
present case. One sample, as provided
ground that valuable rights of the accused persons to get
the second sample re-tested from Central Insecticides Laboratory stood
defeated. The Court ... complainant, valuable right of accused
persons to get the second sample retested from Central
Insecticides Laboratory, has been violated as Section 24 of
Criminal Misc
contents of the sample
were less than its actual weight, he was nobody to deny sending the
second sample for retesting. Duty was cast upon ... accede to the
request of the petitioners by sending the second sample for retesting. It
would have been for the Central Quality Control Laboratory
legal right of the applicant to get the sample
retested by the Central Food Laboratory and because that right was infringed,
hence the trial
petitioner has got right to
get the samples of the Drugs retested, as there was great delay in
sending the samples for testing ... which gives right to the petitioner for getting the samples
retested.
In the facts and circumstances of the case, I find no merit
in this
respondent no.5 or proper officer of the customs to draw samples for
retesting the consignment relating to Bill of Entry No.539105 dated 13th ... authorities of the Central Food Laboratory,
Kolkata who shall retest the samples and shall give a report to the
petitioner with a copy
