Calcutta High Court
M/S. Murablack Vyapaar Pvt. Ltd. & Anr vs Union Of India & Ors on 9 April, 2010
Author: Soumitra Pal
Bench: Soumitra Pal
WP No. 462 of 2010
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
M/S. MURABLACK VYAPAAR PVT. LTD. & ANR. Petitioner/Applicant
Versus
UNION OF INDIA & ORS. Defendant/Respondent
For Plaintiff/Petitioner : Mr.P.Ghosh, Senior Advocate. For Customs authorities : Mr.N.C.Roychowdhury, Senior Advocate. For Union of India: Mr.S.Roy, Advocate.
BEFORE:
The Hon'ble JUSTICE SOUMITRA PAL Date : 9th April, 2010.
The Court : Let affidavit-of-service filed in court today be kept with the records. Despite service none appears on behalf of the respondent no.5.
In this writ petition the petitioner has prayed for a direction upon the respondent no.5 to retest the consignment relating to Bill of Entry No.525038 dated 23rd February, 2010 in question by different testing authority since the same was directed by the Appraiser, Customs House, Kolkata on 18th March, 2010.2
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 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 Port Health Officer, respondent no.5 . After drawing samples the same shall be handed over to the authorities of the National Test House who shall retest the consignment and shall give a report to the petitioner with copy to the customs authorities within three weeks from the date of handing over the samples of the consignment.
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 the National Test House are to act on a xerox signed copy of this order on the usual undertakings.
(SOUMITRA PAL, J.) ssaha AR(C.R.)