2008 (6) TMI 368

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..... or the Petitioner. [Order]. - The Court : In the writ petition the petitioner has prayed for a direction upon the Commissioner of Customs (Port), respondent No. 1 to send the samples of both the Patchouli Oil Standard (Natural Essential Oil) and Patchouli Oil Pure-SPX (Natural Essential Oil) for retesting the percentage of Patchouli Alcohol content to the customs Central Research Laboratory at .....

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..... imported goods for the second time. Needless to say that while a second report may improve the case of the petitioner, it will not make the existing report non est. If the petitioner is given opportunity of testing the samples once again, no prejudice will be caused to the authorities. In this connection my attention has been drawn to the Apex Court decision in Bombay Oil Industries Pvt. Ltd. v. .....

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..... he date of receipt of a copy of this order by the authority. Copy of the test report shall be supplied to the petitioner at once. Once the report is made available, parties will be free to proceed further in the matter. So far as the oral prayer for release of the goods is concerned, the petitioner is at liberty to approach the Adjudicating Officer before whom the matter is pending. 5. Since .....

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