Calcutta High Court
M/S Hari Ram Shaw & Anr vs Union Of India & Ors on 5 May, 2010
Author: Soumitra Pal
Bench: Soumitra Pal
WP No. 583 of 2010
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
M/S HARI RAM SHAW & ANR. Plaintiff/Petitioner/Applicant
Versus
UNION OF INDIA & ORS. Defendant/Respondent
For Plaintiff/Petitioner : MR. RAJ KUMAR SHARMA, ADVOCATE. For Respondent : MR.N.C.ROYCHOWDHURY,SR.ADVOCATE WITH MR.P.D.MUKHERJEE,ADVOCATE.
BEFORE:
The Hon'ble JUSTICE SOUMITRA PAL Date : 5th May, 2010.
The Court : Let affidavit-of-service filed in Court today be kept with records.
Despite service none appears on behalf of the respondent nos.6,7 and 8.2
In this writ petition, the petitioner has prayed for a direction upon the respondents particularly on the Deputy Port Health Officer, Port Health Organisation, Ministry of Health and Family Welfare, Kolkata, respondent no.6 or proper officer of the customs to draw samples for retesting the consignment relating to Bill of Entry No.514122 dated 30th December, 2009 from the Central Food Laboratory, Kolkata to enable the petitioners to take delivery of the goods lying at Container Freight Station, Kolkata.
It appears from page-31 of the writ petition that the customs authorities have no objection if the samples of the goods are tested by the Central Food Laboratory, Kolkata.
Having heard Mr. Sharma, learned advocate for the petitioner and Mr.Roychowdhury, learned senior advocate for the customs authorities 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.6. 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 from the date of handing over the samples of the consignment.3
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.)