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Andhra Pradesh High Court
Judges : IYYAPU PANDURANGA RAO
Amarchand - Appellant
Versus
State OF A.P. - Respondent
Decided On : 08-11-92
Central Food Laboratory - Petitioner's Application for 2nd Sample Testing - The court directed the lower court to send the 2nd sample to the Central Food Laboratory to provide the petitioner an opportunity to prove his innocence.
Fact of the Case:
The petitioner filed an application to send the 2nd sample to the Central Food Laboratory, which was rejected by the lower court due to being filed after the prescribed period.
Finding of the Court:
The court directed the lower court to send the 2nd sample to the Central Food Laboratory to provide the petitioner an opportunity to prove his innocence.
Issues: Rejection of petitioner's application for 2nd sample testing
Ratio Decidendi: Opportunity to prove innocence by testing 2nd sample
Final Decision: The Crl. R. C. is allowed at the stage of admission
( 1 ) HEARD the learned counsel for the petitioner and the learned Public Prosecutot.
( 2 ) THE grievance of the petitioner is that he filed an application to send the 2nd sample to the Central Food Laboratory, but the said application was rejected on the ground that it was filed after 10 days of the period prescribed.
( 3 ) SINCE the petitioner is seeking to get the 2nd sample tested as the earlier report is against him, an opportunity be provided to the petitioner to prove his innocence.
( 4 ) UNDER the circumstances, the lower court, is directed to send the 2nd sample to the Central Food Laboratory after observing the necessary formalities and as expeditiously as possible. Accordingly, the Crl. R. C. is allowed at the stage of admission.
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