TMI Blog2009 (10) TMI 477X X X X Extracts X X X X X X X X Extracts X X X X ..... for retesting by Central Food laboratory on payment of prescribed fee by petitioner for retest. - 20204 of 2009 - - - Dated:- 8-10-2009 - N.V. Ramana, J. REPRESENTED BY: Shri P. Nageswar Sree, Advocate, for the Petitioner. Shri B.K. Ramesh Babu, Advocate, for the Respondent. [Order]. - The deponent, claiming to be the Deputy Marketing Manager of the petitioner Company, engaged in the business of Trading Internationally and Domestically, asserts that in pursuance of the order placed with the petitioner Company by the Andhra Pradesh State Civil Supplies Corporation Ltd., for the supply of Red Gram/Lemon Toor Whole, he floated a Global Tender for the supply of the said Lemon Toor Whole, for which five companies including M/s. S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... epresentative, and also to hold two sets of the samples in safe custody by putting appropriate seals. 2. On 06.10.2009, the respondent filed a detailed counter affidavit, reiterating the stand taken by it in its letter dt.11.09.2009 addressed to the petitioner. It is also stated that the subject cargo was inspected and samples were drawn, without any delay, in the presence of the representatives of the Importer and Custom House Agents and were forwarded immediately to the Regional (P.H.) Lab on 01.09.2009. It is further stated that it is not possible to draw samples for retesting, as retest can be done only from the sample available with the public analyst as per the Prevention of Food Adulteration Act, 1954. It is also stated in the co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h retest should normally be complied with. Such retests should however be made only on the remnants of the samples originally tested." 5. The learned Standing Counsel submits that, in the light of the aforesaid provision of the Customs Manual, the respondent is willing to consider the request of the petitioner by sending the sample, which is already with them, for retesting to the Central Food Laboratory. The learned counsel for the petitioner expressed no objection to this stand taken by the learned Standing Counsel for the respondent. 6. In view of the agreed stand taken by both the counsel, this writ petition is disposed of with the following directions: "The respondent is directed to send the sample available with it for ret ..... X X X X Extracts X X X X X X X X Extracts X X X X
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