2009 (9) TMI 604

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ukesh Anand, Advocates, for the Respondent. [Order]. - The petitioner M/s. Plasto India Pvt. Ltd. had imported cashew kernel LP (broken) from Vietnam. Sample was drawn and sent to Central Food Laboratory, Ghaziabad and as per the report dated 1st July, 2009 received from the said laboratory, the sample failed in two parameters. 2. The petitioner made representations for second testing of .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... missioner of Customs had stated as recorded in the order dated 19th August, 2009 that as per the provisions of Prevention of Food Adulteration Act/Rules, no second sample could be sent for re-testing. 4.Counsel appearing for the respondent No. 3 today states that under the statute, there is no provision of re-testing but in view of the judgment of this Court in Magma (India) (supra) and other cas .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Authority who has forwarded the first sample makes a request to do so. In my opinion, where there is no statutory power or prohibition from carrying out a second testing there is no justification in deducing that it is not permitted. In the event that the second testing is found to be favourable to the Petitioner the question that would still have to be answer is whether the first report/testing s .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... he Petitioners were not informed or given an opportunity of being heard before the Report of the Central Food Laboratory was finalized. I am unable to agree that this Rule is violated where only an analysis and report, founded of objective criteria, is prepared. If another opportunity is available to test another of the three samples drawn at the relevant time, the Petitioners can scarcely have an .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... d sent the sample to another Central Food Laboratory except Central Food Laboratory, Ghaziabad for the purpose of re-testing. However, the petitioner will not be informed about the laboratory, to which sample is send. The process of sending of sample will be completed within a period of 15 days from today. 8.The writ petition is accordingly disposed of. 9.Dasti to the counsel for the parties.

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X