alleged irregularity or illegality of not
supplying the sample of wash to the accused.
Supply of sample is not a mandate of any legal ... deprecated the procedure adopted by the NDPS
Courts in allowing retesting and re-sampling at
every stage of the trial contrary to other
legislation which
Central Laboratory, Faridabad.
However, the prayer of the applicants for retesting the sample was neither
considered nor sample of the Company was sent ... sample should be tested within thirty days from the date of
receipt of sample in the Laboratory and the result of the said sample
should
such that he is no
longer in a position to apply for retesting under Section 13(2) of
the 1954 Act, would entitle quashing of criminal ... clear
that the Appellant lost their chance to get the Jelly sample
retested under Section 13(2) on account of the
Respondents' negligence.
Finally
such that he is no
longer in a position to apply for retesting under Section 13(2) of
the 1954 Act, would entitle quashing of criminal ... clear
that the Appellant lost their chance to get the Jelly sample
retested under Section 13(2) on account of the
Respondents' negligence.
Finally
Court
vide order dated 21.08.2014. Having no option, DRI sent the samples for
retesting. However, the subsequent report dated 21.01.2015 (EX. PW19/8)
showed ... challenged by the appellant by filing an application
for retesting, which was allowed and fresh samples were drawn and sent for
retesting for determination
draw fresh samples in presence of the
first respondent and send the sample for retesting to any accredited
laboratory in terms of the order passed ... relief for directing the department to enquire and
investigate on the retest sample of the goods as the first respondent
alleged that when the sample
regarding aforesaid sample within seven days. The company of the applicant submitted an explanation on 2.4.2019 stating that it has got the sample tested from ... section 25(4) of the Drugs and Cosmetics Act to have sample retested by Central Drug Laboratory Calcutta it may be sent for re-analysis
application under Section 52 A of NDPS Act, praying therein for
retesting of samples, however, such application, was dismissed by
learned trial Court ... application under Section 52 of NDPS Act, praying therein for
retesting of the samples drawn by Investigating Agency at the time of
::: Downloaded
limited
request that the respondents may get a retesting carried out after drawing
fresh samples from the seized goods which are in the custody ... filed by the petitioner before the competent authority for
drawing samples and thereafter retesting be carried out from the different
laboratories at the choice
limited
request that the respondents may get a retesting carried out after drawing
fresh samples from the seized goods which are in the custody ... filed by the petitioner before the competent authority for
drawing samples and thereafter retesting be carried out from the different
laboratories at the choice
