TMI Blog2016 (6) TMI 1195X X X X Extracts X X X X X X X X Extracts X X X X ..... Sivagnanam, J. Ms. C. Sangamithirai, Counsel, for the Petitioner. Shri Vikram Ramakrishnan, SPC, for the Respondent. ORDER Heard Ms. C. Sangamithirai, learned counsel appearing for the petitioner and Mr. Vikram Ramakrishnan, learned standing counsel appearing for the respondent and with the consent of the either side, the writ petition itself is taken up for final disposal. 2. The petitioner has filed this writ petition praying to quash the order passed by the respondent dated 21-4-2016 by which the respondent declined to release the cargo covered in Bill of Entry No. 293510, dated 24-8-2009. The petitioner had imported three consignment of toys from China and filed three Bills of Entries. However, the department did n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion, the following decision was issued : 2. It is now stated that the Indian Institute of Technology to whom the samples were sent pleaded that they are unable to give a report as they does not have the requisite technology. The Assistant Commissioner of Customs, who has issued a letter dated 1-8-2014 is directed to forward the samples to Central Revenue Control Laboratory, Hills Side Road, Pusa, I.A.R.I., New Delhi - 110 012, as suggested by him forthwith and get a report from the Central Revenue Control Laboratory within a period of four weeks from the date of sending the samples. The Assistant Commissioner of Customs is directed to submit a report on or before 6-4-2015. 5. It is submitted by the learned counsel for the responden ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... goods, a direction to release the same cannot be issued. Thus, following the earlier direction passed by the Hon ble Division Bench in CMA. No. 3449 of 2013 (referred supra), there will be a direction to the respondent to forward the representative samples drawn from the consignment covered in the Bill of Entry No. 293510 to Central Revenue Control Laboratory, Hills Side Road, Pusa, I.A.R.I., New Delhi - 110 012, as was done in respect of the earlier consignments and based on the report, the respondent shall proceed further to release the consignment, if the test report certifies that the samples meet the required compliance. The above directions be complied with, within a period of six weeks from the date of receipt of a copy of this order ..... X X X X Extracts X X X X X X X X Extracts X X X X
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