Calcutta High Court
Shree Madhav Edible Products Ltd vs Union Of India & Ors on 28 July, 2008
Author: Soumitra Pal
Bench: Soumitra Pal
WP No. 1228 of 2008
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
SHREE MADHAV EDIBLE PRODUCTS LTD Plaintiff/Petitioner/Applicant
Versus
UNION OF INDIA & ORS Defendant/Respondent
For Plaintiff/Petitioner : MR.RAMESH CHOWDHURY, ADVOCATE For Respondent Nos.3 & 4 : MR.S.MONDAL, ADVOCATE For Respondent Nos.1 & 2 : MR.P.DHUDHORIA, ADVOCATE. BEFORE:
The Hon'ble JUSTICE SOUMITRA PAL Date : 28th July, 2008.
The Court : Affidavit-of-service filed in court today be kept with the records.
In the writ petition the petitioner, an importer of crude palm oil has prayed for a direction upon the respondents particularly on the customs authorities to draw fresh samples of crude palm oil imported under the Bill of Entry No.411690 dated 28th May, 2008 since according to him the test reports dated 19th June, 2008 and 17th July, 2008 differ. Submission has been made that directions may be issued upon the Port Health Officer, respondent no.4 to retest the same after drawing fresh samples. 2 Learned advocate appearing on behalf of the respondent nos.3 and 4 submits that such test is to be done after collecting samples.
Having heard the learned advocates for the parties and considering the facts and circumstances of the case the writ petition is disposed of by directing the Port Health Officer, Kolkata, respondent no.4 to collect fresh samples from the items in question and shall test it in the Central Food Laboratory in accordance with law and shall prepare test report which shall be sent to the petitioner as and when available.
Since the respondents were not called upon to file affidavits controverting the allegations in the petition, the allegations are deemed not to have been admitted by them.
All parties concerned are to act on a signed copy of the minutes of the operative portion of this order on the usual undertakings.
(SOUMITRA PAL, J.) ssaha RO(ct)