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2014 (2) TMI 1059

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..... use and a request for retesting is made before the original authority. In such cases, retesting is done by the Chief Chemist, who is a higher authority. Normally, in respect of outside testing laboratories, retesting is not allowed as it may result in too many frivolous requests every time an adverse report is received - appellants in this case are small exporters and they have a genuine doubt tha .....

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..... nts have made a pre-deposit of Rs. 2 lakhs before the first appellate authority, the requirement of pre-deposit of the balance amount is dispensed with and the appeal is taken up for final hearing and disposal. 3. The learned advocate Shri Alwan states that the only prayer in the appeal is for retesting of the sample by the CLRI as it appears that the testing done for the first time was not prop .....

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..... may result in too many frivolous requests every time an adverse report is received. However, as pleaded by the learned advocate, the appellants in this case are small exporters and they have a genuine doubt that the testing has not been done properly in the first time and that the original authority was given a letter for adjudication of the case without a show-cause notice and personal hearing. .....

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