2007 (8) TMI 771

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..... rd matter finally for disposal. 2. In this case, the relief claimed is for a direction in the nature of mandamus for release of goods covered under bill of entries pending clearance at Tughlakabad or in alternative to direct the respondent, namely, Customs Authorities to draw fresh samples of the product and send them for re-testing. 3. Learned counsel for the petitioner relied upon the judg .....

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..... d samples specially where the authorities, who forwarded the samples made request to do so. The Court further held that there is no statutory prohibition from carrying out such testing and that in such circumstances there is no justification in deducing that this is not permitted. However, he has relied upon the orders of the Division Bench in W.P. (C) No. 2863/2007 where without commenting on the .....

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..... urchaser of the goods. In fact, it begins with the expression nothing contained in this Act shall be held to prevent . Further, the power of this Court to direct second testing cannot also be doubted under Article 226. 7. In these circumstances, I am of the opinion that the petition is entitled to partly succeed. The respondents shall refer samples to any Central Food Laboratory without inform .....

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