9911796707
TMI Blog2009 (10) TMI 477X X X X Extracts X X X X X X X X Extracts X X X X ..... onent, claiming to be the Deputy Marketing Manager of the petitioner Company, engaged in the business of Trading Internationally and Domestically, asserts that in pursuance of the order placed with the petitioner Company by the Andhra Pradesh State Civil Supplies Corporation Ltd., for the supply of Red Gram/Lemon Toor Whole, he floated a Global Tender for the supply of the said Lemon Toor Whole, f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1.09.2009, declined the request of the petitioner, and, on the other hand, directed it to refer the Board's Circular No.58/2001, dated 25.10.2001, and also Section 13(2) of the Prevention of Food Adulteration Act, 1954. It is the case of the petitioner that the subject cargo underwent necessary scrutiny and analysis, while loading it at the place of export, and it was found free from moulds, fungu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arded immediately to the Regional (P.H.) Lab on 01.09.2009. It is further stated that it is not possible to draw samples for retesting, as retest can be done only from the sample available with the public analyst as per the Prevention of Food Adulteration Act, 1954. It is also stated in the counter affidavit that since there is no provision in both the Customs Act, 1962, and the Prevention of Food ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... apatnam, appeared in-person, along with relevant material, and, on his behalf, the learned Standing Counsel has drawn the attention of this Court to the note (1) specified under Section 19 of Chapter-III of Volume-III of the Customs Manual, the abstract of which has been filed before this Court along with material papers and which reads as under:- "When a party is dissatisfied with the res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n by both the counsel, this writ petition is disposed of with the following directions: "The respondent is directed to send the sample available with it for retesting to the Central Food Laboratory, for analysis, on payment of the prescribed fee by the petitioner for such retest, and, after getting the analysis report, a copy of it shall be furnished to the petitioner". 7. With the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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