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2015 (5) TMI 993 - CALCUTTA HIGH COURT

2015 (5) TMI 993 - CALCUTTA HIGH COURT - 2015 (324) E.L.T. 68 (Cal.) - Import of betel nuts - fit for human consumption, or not - It is nearly 18 months that the goods have remained in a limbo. Even if the food articles - the petitioner says that they are betel nuts - were originally fit for human consumption, they may have deteriorated in quality in the interregnum. It is necessary, in the circumstances, that samples be drawn in the presence of the petitionerís representative to ascertain from .....

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he Respondent. ORDER Prima facie, the acts of the Customs Authorities complained of appear to be arbitrary and without basis, particularly since there was no occasion to draw a second sample after the first sample was found to be satisfactory; and, even if intelligence reports prompted the second sample being drawn, the same should have been drawn in the presence of the petitioner. 2. A negative report as to the second sample has been obtained from a laboratory in Mysore, though, under the .....

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