applicant had never
5 CRR No.2858/2017
applied for retesting of the Second Sample from the Central
Food Laboratory. In absence of any challenge ... sample from the Central Food
Laboratory and the said application was allowed and the
second sample was sent to Central Food Laboratory for
retesting
Sknair 902-wp-4450-15.odt
stated that re-sampling / retesting is required to be done in
extremely exceptional circumstances and that too within ... trial court is directed to take appropriate steps for
sending the sample for retesting within three weeks from the
receipt of the order
appointed an expert from IIT Chennai to again retest the sample
sleepers and give his report on the causes for the defects. In all these ... arbitration proceedings, the Tribunal, appointed an expert from IIT
Chennai to retest the sample sleepers and report on the causes for the defects. These tests
sample had already
expired. Not only this no reason has been put forward as to why the
fourth sample has not been sent for retesting ... reason has been
spelt out for not sending the fourth sample for retesting. Therefore, the
Complaint cannot sustain in the eyes of law and giving
chargesheet. Thereafter, the applicant/accused moved application
requesting for retesting of samples for conducting Specific Optical
Rotation (SOR) test in respect of samples in this ... Court. He submitted that there is no bar in sending
the samples for retesting and in support of his submissions, he
relied on the judgment
2017-Cus. dated 18-
Jul-2017 which contains guidelines for retesting samples etc.
issued by Ministry of Finance (Department of Revenue),
Central Board of Excise
2017-Cus. dated 18-
Jul-2017 which contains guidelines for retesting samples etc.
issued by Ministry of Finance (Department of Revenue),
Central Board of Excise
Chennai remand order had inter alia upheld the
directions for retesting of remnant sample for composition. The
results of the retest have been communicated ... impugned fabric under Chapter 5903.
5.8 In the retest of the remnant samples caused pursuant to the
earlier Tribunal order dt. 16.09.98, we find that
issue of retesting
within four weeks time. However, Commissioner ICD-Loni
again turned down the request of retesting the samples of
such Importers ... their samples tested in any laboratory other than CRCL.
The CESTAT vide aforesaid order has held that the
samples be retested from any laboratory other
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
