Outlet (RO sample) sample does not meet reproducibility limits in
respect of distillation test with respect to supply location sample. HSD
RO sample does ... Outlet (RO sample) sample does not meet
reproducibility limits in respect of distillation test with
respect to supply location sample.
HSD: RO sample does
that he was at liberty to move the Court for
sending a sample to the Director of Central Food
Laboratory, Calcutta for analysis ... desires, to make an
application to the Court for getting sample retested. The
learned Judge was swayed by the fact that the appellant
herein
prayer made by the petitioner in his appeal for retesting of the third sample of fertilizer Mono Zinc-33% in some notified laboratory.
The learned ... cause notice wherein he had specifically made a prayer for retesting of the second sample of the fertilizer in some other notified laboratory. The second
sample.
3
Accordingly, I direct the lower authority to send the second sample that is
available with the department to CLRI for retest and submit ... stayed until then."
Accordingly, the department has sent the sample for retesting to
check if the goods matched description. The second test report
described
sent second sample, however vide report
dated 11.05.2011, the CFL reported that there is no substance in the sample,
thus, the second sample also failed ... Since the first three samples totally failed, therefore, there was no
occasion for sending the fourth sample for retesting.
It is not out of place
that it was impermissible for the prosecution to
send the sample for in retesting. For that, he relied on
judgment in the case of Thana ... samples
were drawn, of which one sample was sent to CA, Nagpur and
according to the CA, Nagpur it was Bhang. Whereas, another
sample drawn
that it was impermissible for the prosecution to
send the sample for in retesting. For that, he relied on
judgment in the case of Thana ... samples
were drawn, of which one sample was sent to CA, Nagpur and
according to the CA, Nagpur it was Bhang. Whereas, another
sample drawn
taken by the Food Inspector in the process of taking of the sample.
This aspect of the matter has been completely ignored by the trial ... desires, to make an application to the Court for getting the sample retested by the Central Food Laboratory.
For the fact that the prosecution
have
themselves sent the samples on their own without following the
procedural requirements of consignment samples. They have not
drawn samples in the presence ... Misc./40163, 40165 and 40167/2013 requesting to send the
samples for retesting. After a lapse of more than a decade we
do not think
milk sample was deficient in milk fat and non solid fat. It is not known as to whether the consistency of milk sample was upto ... desires, to make an application to the Court for getting the sample retested by the Central Food Laboratory.
For the fact that the prosecution