https://www.taxtmi.com/caselaws?id=182035 In NDPS proceedings, the absence of an express statutory provision for re-testing does not by itself bar a court from allowing a fresh sample to be drawn from remaining case property for testing. The court may permit such an application where the integrity of the sample is in doubt, there is concern about tampering or mismatch between the sample and the seized property, and the interests of justice or a fair trial so require. Earlier authorities were held not to impose an absolute prohibition, and the impugned orders were set aside with the applications remitted for fresh consideration under the correct legal parameters. en-us Wed, 03 Jan 2007 00:00:00 +0530 Thu, 08 Feb 2024 11:09:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=182035 In NDPS proceedings, the absence of an express statutory provision for re-testing does not by itself bar a court from allowing a fresh sample to be drawn from remaining case property for testing. The court may permit such an application where the integrity of the sample is in doubt, there is concern about tampering or mismatch between the sample and the seized property, and the interests of justice or a fair trial so require. Earlier authorities were held not to impose an absolute prohibition, and the impugned orders were set aside with the applications remitted for fresh consideration under the correct legal parameters. Case-Laws Customs Wed, 03 Jan 2007 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=182035