direction can be given for the sending of a second sample for testing after taking the same from the remaining case property.
2. The parameters ... second difficulty with the decision in Directorate of Revenue Intelligence (supra) is that the court was under the impression that the second sample from
this situation, the Investigating Officer moved the Court for sending another sample (Sample B) available in Court for analysis to the Forensic Science Laboratory, Trivandrum ... special Judge stating that there is no provision to send a second sample as prayed for.
2. The learned counsel for the respondent opposed
samples were handed over to Shri Gurvinderpal Singh, Agriculture
Development Officer(Plant Protection), Amritsar on 11.2.2011. One sample
out of the said two samples ... sample analysed has to be examined in light of the following relevant dates :
10.2.2011 : Sample was drawn from the dealer.
17.2.2011 : Sample was sent
matters,
including the method of taking samples, sending the samples
to the laboratory and analysis of that sample by the
laboratory, besides conferring of statutory ... purpose of taking samples,
including the containers to be used for keeping samples,
packing and sealing of samples, sending of seal impression to
the Public
belatedly as a result of which his right to get the
second sample tested from the Central Food Laboratory got
seriously prejudiced. Even otherwise, there ... belatedly, therefore, the valuable right of the applicant of
getting the second sample tested from the Central Laboratory
was adversely effected and as no useful
send
the second sample. But Excise inspector
submitted a report to the effect that only one
sample was prepared and second sample could ... prosecution intended to challenge the second
report. So relying on the dictum that the report
on the second sample is admissible in evidence
under
right under Section 24(4) of the Act to have the second sample of the insecticides re-analysed for conclusive results.
b) That the sample ... Inspector to handover one sample to the person from whom the sample is taken. He shall forthwith send the second sample to the Insecticide Analysist
sending the second sample to an independent laboratory. Eight samples had been taken therefore the petitioner wanted all the eight samples to be sent ... concluded, the said officer shall approach the Court to send the second sample bottle deposited with the Court to the Chemical Examiner."
By reading
according to him, is the
admitted case between the parties.
The second sample weighing 250 grams was sent for re-
analysis to the Referral Food ... therefore, valuable rights of the petitioners to get the second sample
accurately analysed had been jeopardized, the complaint is liable to be
quashed solely
rights under section
24(4) of the Act of getting the second sample tested from the Central
Insecticides Laboratory (CIL). The petitioner was served with ... August, 2018 and due to this
reason trial is vitiated. The second sample was not produced before
the trial court with the complaint in breach
