2010 (12) TMI 780

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..... er is a company engaged in the business of cereals manufactured from out of edible grains imported from various parts of the world. 2. In so far as this writ petition is concerned, according to the petitioner, they imported 40 containers of Australian Premium White Wheat. It is stated that after the analysis by the second respondent, out of the 40 containers, 5 containers have been cleared f .....

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..... ing to the petitioner, on the ground that there is no provision of law, enabling him to do that, the second respondent has declined to accept the petitioner's request. It is complaining of the above, this writ petition has been filed, praying for that second respondent be directed to take representative sample of the Australian Premium White Wheat from out of the containers, in which the cargo is .....

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..... t the same time, petitioner should also be entitled to have an opportunity to prove its case that the cargo in question is not a sub-standard one as certified in Exts. P11 to P16. This is possible only if the goods in question are got analysed, in another independent and acceptable laboratory. In that view of the matter and also for the reason that there is no statutory prohibition in the request .....

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