TMI Blog2018 (4) TMI 238X X X X Extracts X X X X X X X X Extracts X X X X ..... ins children toys and there are several varieties of children toys and if sample is drawn from each of the category of toys then it will be an expensive affair and totally unviable - Held that: - respondent/department is permitted to draw representative samples, which shall not exceed 15% of each variety of the cargo, which has been imported - the respondents shall draw representative samples of o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or General of Foreign Trade Notification No.26/2015-2020 dated 01.09.2017 and direct the second to fourth respondents to release the goods covered by the said Bill of Entry based on the certificate already submitted as per conditions in force as on 31.08.2017. 3.The Director General of Foreign Trade notification provides for testing by an independent laboratory to ensure that the cargo which is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the petitioner has to be rejected. This leaves us with only one issue as to whether the petitioner is entitled for release of the cargo. 4.Considering the effect of the recent notification which has been issued in public interest, that the cargo cannot be released without appropriate testing at the prescribed lab which facility appears to be available as of now at New Delhi. However, the proble ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which shall not exceed 15% of each variety of the cargo, which has been imported. In other words, the respondents shall draw representative samples of one(1) piece per variety. While drawing the samples, the customs house agent of the petitioner should be permitted to be present and after the samples are drawn, the same shall be sent to the approved laboratory for testing and on receipt of the te ..... X X X X Extracts X X X X X X X X Extracts X X X X
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