adverse party at the time of directing retesting.
Statutes which provide for retesting of samples in the course of investigation
13
like The Drugs ... compelling circumstances justify a retest which came to be
allowed by order dated 03.02.2018. Upon retesting by CFSL, the samples
were found to contain Monoactylmorphine
submission of advance samples was so confident
that it furnished the bank guarantee. When the samples were
rejected, it requested for retesting / joint testing ... sent for retesting. Further, it
communicated the result of retesting to the petitioner after
about four months of the samples sent for retesting.
29. Admittedly
approach the Respondents to make a
request for retesting of the samples in another Government approved Lab or
in FSSAI to the reason best known ... Reply is
that the Petitioner did not make any request of retesting the samples by
Government Laboratory or by FSSAI. On the other hand
first
respondent to make an enquiry and investigation if on retest, samples of the
goods are found to be swapped and take suitable steps against ... disposed of by directing the concerned respondent to draw samples for the
purpose of retesting the goods within one week from the date
provided to the person concerned, he/she can
always get the sample retested from Central Drugs Laboratory and then such
report shall be conclusive ... complaint
could not have been filed earlier and the fourth sample
sent for retesting well within time. We are, therefore, of the
.
opinion that
sample was provided to
the dealer, the other sample was kept by the corporation and the third
sample sent to BPCL, Quality Assurance Laboratory, Piyala ... wants the sample to
be retested then he may apply for retesting of the sample.
Respondent/dealer opted for retest and the sample was sent
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
APPEAL No.C/70183/2015-CU{DB}
field by department regarding sample retesting of Sachin Chemical Agency.
Under RTI act 2005 We request
TAXAP/297/2021 JUDGMENT DATED: 20/01/2022
collected samples of the product in question and forwarded those to the
customs laboratory at Vadodara ... than the Base Oil.
5 The respondents herein requested that the samples be retested at
the Central Revenue Control Laboratory (CRCL) at New Delhi
Controller,
Bagalkot Circle, requesting to send the drugs sample to
Central Drugs Laboratory, Kolkata for retest as specified
under Section 25(4) of the Drugs ... been provided with a right to cause the sample drug in
question for retest, have been deprived of the said right