delay in analysis of the sample violates the right of the accused to get the
sample retested.
20. In opposition to this, Mr. Singh, banking ... 2024.doc
have the sample retested, seems to have been defeated by the delay and
inaction on the part of the Respondent. The subject drug
positive for Heroin. The main intention is to get the remaining
sample retested through another laboratory. As such the present application is
allowed ... Neither prosecution assigned any justification,
much less sufficient, to have the sample retested, nor trial court assigned any
reason permitting NCB for re-testing
positive for Heroin. The main intention is to get the remaining
sample retested through another laboratory. As such the present application is
allowed ... Neither prosecution assigned any justification,
much less sufficient, to have the sample retested, nor trial court assigned any
reason permitting NCB for re-testing
made before the Magistrate on 19.04.2023
and thereafter samples were sent to FSL for testing. Sample `A1'
and `C1' tested negative for heroin ... with the permission of the Court both
samples were sent for retesting. Sample duplicate of `D1' was
tested positive for diacetylmorphine
analysis by the Central Drugs
Laboratory".
14 The retesting or re-analysis of the sample which stood
already tested or analysed by the Government ... Inspector (complainant) to pray to the Court to
have the sample produced before it retested or re-analysed by the
12
2026:JKLHC
that the petitioner, right from the inception, was
requesting for retesting of the sample and had not accepted the report of the
concerned lab. Even ... dispute the right of the petitioner for getting the
sample retested, however, what is contended is that the aforesaid right can
be exercised post decision
suspicion,
therefore, she collected the samples of milk, and sent the same to Food
Analyst for testing. The samples were found to be substandard ... therefore, he was
denied his valuable right of getting the sample retested from the Referral
Laboratory.
6. Accordingly, counsel for appellant was directed to point
Food Safety and Standards Act to get the samples
retested from referral laboratory was violated.
Issue notice to respondents on payment of process
samples leading to a gross error in testing. Moreover, I also believe that at the
time of sending the sample for retest to CRCL ... shown above 58%.
(b) That at the time of sending the sample for retest to CRCL, New
Delhi, the test report of CRCL, Kolkata
aspects. Learned
Commissioner (Appeals) ignored the fact that respondent requested for
retesting of samples without rejecting or even contesting the earlier test
report of CRCL ... first time, requested for retesting of sample knowing well that
remnant samples were not available. The request for retesting of samples
received after
