life of the
samples collected was expired. Thus, the Applicants herein were deprived of
their indefeasible right of the samples getting retested under Section ... life of the sample had already expired. Thus,
the Applicants have been deprived of their indefeasible right of getting the
sample retested and that
duplicate samples A1 to
G1 and A2 to G2 in which samples A1 to G1 were sent for examination
and samples ... retesting. It would be the
duplicate samples - A2 to G2 would only be sent as samples for
Retesting. In other words, samples which were earlier
samples were received in torn condition
and hence, a decision was taken by the Commissioner not to
send the samples for retesting and accordingly, prayed ... indicative of some
error in sampling and testing. Further, he submitted that by not
getting the samples retested and by not obeying the directions
which, a request
made by the State for sending the sample for retesting to
CFL at Hyderabad was rejected. It was observed that, there ... test, that by itself can
not be the ground for allowing retesting of samples. Mr.
Khan submitted that, the DYCC was also a recognized
laboratory
petition under Section 482 Cr.P.C.,
with a prayer for retesting of sample of contraband allegedly
recovered from her possession.
2. The facts ... 2023 20:38:08 :::CIS
6
extremely exceptional circumstances for retesting of the
.
sample. He further contended that the contraband was
properly and accurately analyzed
sample retested. Infact, a specific stand has been
taken that a request for retesting of the sample was made by M/s Intas
Pharamaceuticals Limited
second opinion from the Central
Laboratory on the contents of the Jelly sample."
With respect to the second point, we are of the view ... clear that the Appellant lost their chance to get the
Jelly sample retested under Section 13(2) on account of the
Respondents' negligence.
Finally
that a categoric request was made by
the petitioners regarding retesting of the sample by the Central Insecticide
Laboratory. Before the Chief Judicial Magistrate ... that they acted in collusion with petitioners to delay the retesting of
the samples beyond the expiry date. A status report was sought from
Prevention of Food Adulteration Act, 1954 for getting the sample of the alleged item retested by the Central Food Laboratory after receipt ... notice under the said section and then applying for getting sample retested, is totally vague inasmuch as Yogesh Kumar Pundir
call whether he wants to get the sample as is remaining with the concerned authority be retested at the Central Food Laboratory ... against the said provision and his right defeats for getting the sample retested by the Central Food Laboratory.
10. Looking to the grave irregularity
