2009 (2) TMI 424 - HC - Customs

Testing- Custom coming up in revision against order of Spl. Judge directing for re-test. No bar for accused to move for re-testing but it not means that every such application be allowed. Impugned order for re-test justified as Customs stating drawal of 2gm samples but CRCL report found it to be 0.52 gm only. Recovered substance referred as light brown coloured powder whereas found to be solid black coloured substance. No infirmity in order.

Summary

The Delhi High Court dismissed a revision petition against an order directing retesting of a sample in a case involving discrepancies in weight and appearance of the substance. The court found justification for retesting based on the discrepancies noted by Customs. The petition was dismissed, upholding the order for retesting.