Calcutta High Court
M/S.Murablack Vyapaar Pvt Ltd vs Union Of India & Ors on 14 July, 2010
Author: Soumitra Pal
Bench: Soumitra Pal
WP No. 847 of 2010
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
M/S.MURABLACK VYAPAAR PVT LTD Petitioner/Applicant
Versus
UNION OF INDIA & ORS Respondent
For Plaintiff/Petitioner : MR. RAJ KUMAR SHARMA, ADVOCATE. For respondent no.5 & 6 : MRS.S.JOSHI, ADVOCATE. For Union of India : MR.N.C.ROYCHOWDHURY,SR.ADVOCATE WITH MR.P.D.MUKHERJEE,ADVOCATE.
BEFORE:
The Hon'ble JUSTICE SOUMITRA PAL Date : 14th July, 2010.
The Court : Let affidavit-of-service filed in Court today be kept with records.
In this writ petition, the petitioner has prayed for a direction upon the respondents particularly on the Port Health Officer, Port Health Organisation, Ministry of Health and Family Welfare, Kolkata, respondent no.5 or proper officer of the customs to draw samples for retesting the consignment relating to Bill of Entry No.539105 dated 13th 2 May,2010 from the Central Food Laboratory, Kolkata to enable the petitioners to take delivery of the goods lying at the Central Warehousing Corporation, Kolkata.
Having heard Mr. Sharma, learned advocate for the petitioner and Mrs.Joshi, learned advocate and Mr.N.C.Roychowdhury, learned senior advocate for the respondents and considering the facts and circumstances of the case, the writ petition is disposed of by directing the competent officer of the Customs to draw samples of the consignment in question within two days from the date of communication of this order in presence of the petitioner and the respondent no.5. After drawing samples, same shall be handed over to the authorities of the Central Food Laboratory, Kolkata who shall retest the samples and shall give a report to the petitioner with a copy to the Customs authorities within three weeks.
Since the writ petition is disposed of at the stage of admission without calling upon the respondents to file affidavits, the allegations made therein are deemed not to have been admitted by them.
No order as to costs.
All parties concerned including Central Food Laboratory are to act on a xerox signed copy of this order on the usual undertakings.
(SOUMITRA PAL, J.) ssaha AR(C.R.)