2015 (8) TMI 828 - HC - Customs

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 Involved:
Prayer for re-testing of samples from a different laboratory

Analysis:
The judgment pertains to a writ petition where the petitioner requested for testing of samples of "Calcite Powder" through a laboratory other than the Central Revenue Control Laboratory, New Delhi. The petitioner expressed dissatisfaction with the testing done by the said laboratory. The court acknowledged the petitioner's request and decided that the prayer for re-testing, as made in the writ petition, should be granted at this stage of the proceedings. The court emphasized that the interest of substantial justice would be served by requiring the concerned authority to decide on the applications for re-testing without being influenced by any previous observations. Therefore, the court ordered respondent no.2 to consider and decide on the petitioner's applications strictly following the applicable provisions, preferably within four weeks from the date of filing a certified copy of the order. The judgment concluded by disposing of the writ petition with the mentioned directions and observations.