Director of New Kishan Cement, Rajan Vadalia has agreed with the sampling procedure Even while his statement was being recorded after a period ... months, the Director never disputed the sampling procedure. On a specific query being asked to the learned AR by this Bench during the course
slab. He
has also unable to answer clearly as to what sampling procedure was
followed by the IO Ajay Kumar. The third witness ... examination in his chief has not described
the seizure and sampling procedure in detail. The aforementioned
lacunae in the depositions of the members
sample. He
contended that the Food Inspector did not use the clean and dry Jhaba in the
sample proceedings nor the sample bottles were made ... used in the
sample proceedings was provided by the vendor and the Jhaba and the sample
bottles used in the sample proceedings were already clean
accused has argued that a representative sample
was not taken and FI has adopted a bad sampling procedure due to which there ... sample was not taken properly.
17. The first contention of the accused is that a representative sample
was not taken and a bad sampling procedure
sampling.
19. The main contention of the accused is that a representative sample
was not taken and a bad sampling procedure was adopted in this ... experts do show that the sample was not a representative one or
that a bad sampling procedure has been adopted by FI and hence
accused has argued that a representative sample
was not taken and FI has adopted a bad sampling procedure due to which there
are variations ... contention of the accused is that a representative sample
was not taken and a bad sampling procedure was adopted in this case hence,
there
power
under Section 75 (e) of the Code of Civil Procedure
( CPC ) read with Order-XXVI, Rule-10 (A) to issue a
direction for holding ... remain silent.
Use of compulsory powers in criminal procedure to
obtain materials including blood samples for DNA testing
from the accused, which has an existence
claimant.
6. The learned Senior Counsel further submitted that 3-Tier sampling procedures were followed to find out the adulteration, as per the Marketing Discipline ... Supreme Court held that failure to follow the procedures, while taking sample, goes to the root of the matter and termination of dealership on that
points for challenging the
impugned judgment. He submitted that :
(i)the procedure of sampling adopted by the S.H.O. was
illegal, improper & impermissible ... taking the
samples. He submitted that by adopting the said procedure,
representative sample from whole of the seized material
was collected and forwarded
seal 06 samples of 01 liter each of the motor spirit or 03 samples of the H.S.D. Two samples of the motor spirit ... samples of ½ of each were taken and no sample was left for the dealer to retain. It is further stated that the samples so taken
