2015 (8) TMI 826 - HC - Customs

Re-Testing of Sample Calcite Powder Petitioner being dissatisfied with testing of samples done by respondent no.5 i.e. Central Revenue Control Laboratory, prays for testing of samples of Calcite Powder be done at any laboratory other than respondent no.5 Held that - Without entering into issue qua retesting being permissible under law or not, interest of substantial justice would be served by requiring respondent no.2 to take decision on applications made by petitioner without being influenced by any of observations made by parties Application of petitioner to be decided by respondent no.2 strictly in accordance with provisions applicable Petition disposed of Decided in favour of Petitioner.

Summary

Issues:
- Prayer for re-testing of samples of "Calcite Powder" by a laboratory other than the Central Revenue Control Laboratory, New Delhi.

Analysis:
The judgment was delivered by a division bench comprising Arun Tandon and Akhtar Husain Khan, JJ. The petitioners, represented by Shri S.D. Singh and Nishant Mishra, sought prayer 'B' in the writ petition for testing of samples of "Calcite Powder" by a laboratory other than respondent no.5, the Central Revenue Control Laboratory, New Delhi. The petitioners expressed dissatisfaction with the testing conducted by the said laboratory. The department's counsel argued that re-testing could not be directed unless permitted by law, leaving the decision to the concerned authority. The court refrained from delving into the issue of retesting's permissibility under the law at that stage. Instead, the court emphasized the importance of substantial justice and directed respondent no.2 to decide on the applications for re-testing without being influenced by any prior observations. The court ordered the respondent to consider and decide on the applications within four weeks from the date of filing a certified copy of the order. The writ petition was disposed of with these directions and observations.