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TMI Blog2015 (7) TMI 1204X X X X Extracts X X X X X X X X Extracts X X X X ..... to the National Test House or any other reputed test laboratory which the respondent authorities may deem fit and proper for the purpose of retesting. The expenses of such test shall be borne solely by the writ petitioner. Till such time the report is made available, the impugned order of adjudication shall be kept in abeyance - matter on remand. - W.P. No. 546 of 2015 - - - Dated:- 9-7-2015 - Biswanath Somadder, J. Shri R.K. Chowdhury, Advocate, for the Petitioner. Shri Pradip Kumar Roy and Md. T.M. Siddiqui, Advocates, for the Respondent. ORDER The Court : This writ petition has been taken out by an importer challenging an order of adjudication passed on 27th March, 2015 by the Deputy Commissioner of Customs, Group- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (Natural) . The Joint Director of the Chemical Laboratory at Customs House, Kolkata, vide his report dated 27th February, 2015 made certain further observations which may not be relevant for the purpose of deciding the issue for which the writ petitioner has approached this Court. 4. According to the writ petitioner, a show cause notice was issued on 3rd March, 2015, by the concerned Deputy Commissioner of Customs. In the said show cause notice, the authorities for the first time referred to the test report prepared by the Chemical Laboratory, Customs House, Kolkata dated 21st January, 2015 and supplied the details of its finding together with the further observation made by the Joint Director, Chemical Laboratory, Customs House, Kolkat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , but the same was provided only at the time of issuance of the show cause notice dated 3rd March, 2015. 9. The petitioner is entitled to have the sample retested, in such facts and circumstances. 10. As such, this Court directs the concerned respondent authority to send a sample of the goods imported drawn in presence of the writ petitioner for sending the same to the National Test House or any other reputed test laboratory which the respondent authorities may deem fit and proper for the purpose of retesting. The expenses of such test shall be borne solely by the writ petitioner. Till such time the report is made available, the impugned order of adjudication shall be kept in abeyance. 11. The writ petition is accordingly, disposed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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