well as a direction to the 1st respondent to draw and retest the
sample of the goods that the petitioner proposed to export ... also issued a direction
to the 1st respondent to draw and retest the sample of the subject
product of the petitioner for the presence
valuable rights of the revisionist of getting the sample retested by the Central Food Laboratory is defeated. It is further submitted that the said question ... right under Section 13(2) of the Act for getting the sample retested by the Central Food Laboratory. This is a fact which is even
accused-revisionist for exercising his right for getting the sample retested by the Central Food Laboratory. It is further submitted that Section ... thus the valuable right of the accused for getting the sample retested at the Central Food Laboratory gets defeated. Even P.W.1, the Food
said test report and the requested
the Customs authorities for retesting the samples at the
Central Revenues Control Laboratory (CRCL), New Delhi or
Indian Institute ... dated 04.05.2018 and TM No. 1A to 1OA dated
06.06.2018 for retesting.
The samples u/r have been registered here under
complaint
could not have been filed earlier and the fourth sample
sent for retesting well within time. We are, therefore,
of the opinion that ... significance after the accused has notified his intention to get
the sample retested. Hence, the submission that it is permissible
to rely upon the report
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
NDPS Act, 1985,
whereby the application of prosecution for retesting of samples of seized
material claimed to be MD drug viz. mephedrone has been permitted ... Special Judge (NDPS Act, 1985), Indore for permission of retesting of
sample Article A/2 from the Central Forensic Science Laboratory, Hydrabad
and the trial
received by the revisionist his valuable rights to get the sample retested by the Central Food Laboratory is defeated. The fact that the report under
some kits were unauthorizedly purchased.
Accordingly, it would be proper to retesting the samples collected from the
body of the deceased from another government laboratory ... Diagnostics (CDFD) Hyderabad. To ensure the accuracy in the result,
retesting of samples taken from the body of the deceased would be in the
interest
notice upon the accused renders his valuable right of getting the sample retested by the Central Food Laboratory to be defeated. It is submitted that ... valuable right of getting the sample retested by the Central Food Laboratory stand defeated. The prosecution has thus to fail and is thus held defeated
