respondents in taking a sample, a challenge was laid by it
relating to the sampling procedure which was adopted by the
Indian Oil Company ... come into play at all. The grievance with regard to
the sampling procedures and non-compliance with
the mother sample are all outside the domain
Chapter
7 of the Rules which deals with the "Procedure in taking samples
W.A. No.794 of 2015 11
from Toddy Shops ... competent to take samples,
prescribes the manner in which such samples are to be taken,
stipulates the quantity of the samples to be taken
Learned Senior Counsel for the applicant has submitted that the general procedure for sampling provided in Standing Order No. 01 of 1989 dated ... representative sample is not provided in the Standing Order since if such a course is adopted the sample would seize to be representative sample
according to show cause notice, out of the samples of MS and HSD being tested, the sample of HSD was found ... reply. It was mentioned therein that on 04.09.2010 samples were obtained according to three tier sample procedure in the presence of the representative
sample to
Laboratory: The samples should be sent either by insured
post or through special messenger duly authorized for the
purpose. Despatch of samples ... should be substantially
complied with.
vi. It is submitted that the sampling procedure was vitiated. He relies
on the judgment of Hon‟ble Supreme Court
papers. The trial court erred in holding that while drawing
the sample, mandatory procedure prescribed under section
14 of the Act are not followed. That ... mind. As held
by the learned Magistrate while drawing the sample,
mandatory procedure prescribed under section 14 of the Act
was not followed.
Making above
Lubricants Control Order 87 and as far as the
sampling procedure and testing of samples are concerned, it is governed by the
Marketing Discipline Guidelines ... incorrect and unsustainable in
law. He had submitted that the sampling procedures were done in accordance
with the Marketing Discipline Guidelines and there was nothing
applicant counsel it is submitted that the mandatory
provision for taking procedure for sample has not been followed.
Applicant/accused is in custody ... Learned counsel for the applicant has submitted that the general
procedure for sampling provided in Standing Order No. 01 of 1989 dated
done this exercise on their own. Therefore, in the proper procedure for drawal of sample as prescribed by the department and in respect of which ... time of export of resultant products and the procedure prescribed for the drawal of samples under Section 144 of the Customs
tank is expected to be cleaned and rinsed as per defined procedure. Sample production planning sheet can be seen at pages 496 to 509.
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