person from whom sample has been taken and / or accused expresses his written intention of getting the sample retested from a Central Laboratory ... analysis of the sample. Therefore, if had become the bounden duty of the complainant to get the sample retested from the Central Insecticides Laboratory
court. Besides expressing his intention to get the sample retested he is not required to do anything further. In the present case ... analysis of the sample. Therefore, if had become the bounden duty of the complainant to get the sample retested from the Central Insecticides Laboratory
provided under Section 13 (2) of the Act for getting the sample retested by the CFL has been infringed, hence no fruitful purpose will ... applicant, He submitted that the trial court without getting the second sample retested by CFL has fixed the cases for evidence
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
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
sent second sample, however vide report
dated 11.05.2011, the CFL reported that there is no substance in the sample,
thus, the second sample also failed ... Since the first three samples totally failed, therefore, there was no
occasion for sending the fourth sample for retesting.
It is not out of place
dated 19.07.2013. He, also submits that state has no
objection to samples being retested, however an immediate order is
required by this court as sample ... instant case, the petitioner expressed his intention of getting
the sample retested within the statutory period of 28 days. A valuable
right has been conferred
sample had already
expired. Not only this no reason has been put forward as to why the
fourth sample has not been sent for retesting ... reason has been
spelt out for not sending the fourth sample for retesting. Therefore, the
Complaint cannot sustain in the eyes of law and giving
appeared before the Court and made a request for retesting of
the same. The sample ... sent to the Central Insecticide Laboratory at
Faridabad for retesting. But, the sample could not be retested since the
sample had expired in August
circumstances,
which prevented prosecution from not applying within fifteen days for
retesting of sample. Admittedly, there is nothing on record to establish
::: Uploaded ... test, by itself can be no ground for allowing retesting of
samples. In that view of the matter and since the ground putforth by
prosecution
