2016 (4) TMI 887

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....nivas, Standing Counsel ORDER The petitioner has filed the above writ petition to  issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order No.19/2015 dated 01.09.2015 issued in C.No.V/15/104/2014-Cx.Adjn by the respondent and quash the same and further direct the respondent to permit the petitioner to cross-examine the Chemical Examiner, whose report....

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....g Counsel, appearing for the respondent, submitted that Chemical Examiner's report was taken into consideration only at the instance of the petitioner and that the respondent had not taken the same on his own for consideration. The learned Standing Counsel also submitted that even without the Chemical Examiner's report, the respondent had come to a  definite conclusion that the produc....

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....ut relying upon the Chemical Examiner's report. 5. Since the learned Standing Counsel, appearing for the respondent submitted that the Chemical Examiner's report can be eschewed or ignored by the appellate authority, while deciding the appeal, to be filed by the petitioner, I am of the view that instead of going into the merits of the matter, the petitioner can be given liberty to challen....