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Issues involved: Prayer for retesting of imported Split Cassia samples, reliability of testing reports, direction to draw fresh samples and carry out testing.
In the present case, the petitioner sought a direction for retesting of imported Split Cassia samples covered by a specific Bill of Entry. The petitioner argued that the testing reports were divergent and unreliable, emphasizing the need for fresh testing by a government-recognized laboratory. On the other hand, the respondents opposed the prayer for retesting, citing the failed tests on both counts as a reason to deny the request. After hearing arguments from both parties and evaluating the circumstances, the High Court directed the Authorized Officer of the Food Safety and Standard Authority of India to draw fresh samples of the articles within 48 hours and send them to the Export Inspection Agency for analysis. The analysis by the Export Inspection Agency was to be completed within fifteen days, with a clear stipulation that the test conducted pursuant to this order would be considered final. The Court made no ruling on costs, and all parties were instructed to act in accordance with the order provided.
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