Calcutta High Court (Appellete Side)
16999W/2010 on 20 August, 2010
Author: Soumitra Pal
Bench: Soumitra Pal
20.08.2010. W.P. 16999 (W) of 2010
Mr. Kishore Dutta,
Mr. Anirban Mitra,
Mr. Souvik Guha.
... For Petitioner
Mr. N. C. Roy Chowdhury. Senior Advocate,
Mrs. Santa Mitra.
... For Respondents
Let affidavit of service affirmed on 18th August, 2010 filed in Court today be kept with the record.
In the writ petition, the petitioner has prayed for a direction upon the respondents particularly on the Assistant Commissioner, Custom House, Kolkata and the Director, Central Food Laboratory, Kolkata, the respondent nos. 2 and 3 respectively to retest the Split Cassia without any further delay. It appears that Split Cassia was imported at Kolkata by sea on 20th May, 2010 and import duty was paid by the petitioner- company. Thereafter, a sample of Split Cassia was taken for testing by the Director of Central Food Laboratory, Kolkata, the respondent no. 3. After testing on 26th July, 2010 it was found that the sample was adulterated since the volatile oil content was found lesser than the permissible limit. The petitioner filed a representation before the respondent no. 2 to retest the Split Cassia from the said laboratory or any other laboratory of the choice of the respondent authorities. However, it has been stated that though by an order dated 11th June, 2010 retesting was allowed by the respondent no. 2, it was, however, disallowed by the Deputy Director, PHO, Custom House, the respondent no. 1. Aggrieved this writ petition has been filed.
It appears from page 17 of the writ petition that an order was passed by the Appraiser, Custom House, the respondent no. 5 for retesting the sample stock. Therefore, considering the facts and circumstances of the case, the writ petition is disposed of by directing the Director of Central Food Laboratory, Kolkata, the respondent no. 3 to retest the sample in question and shall furnish a report to the petitioner and custom authority within a period of four weeks from the date of sending the samples. The Assistant Commissioner, Customs, the respondent no. 2 shall send the samples within a week from the date of communication of this order.
There will be no order as to costs.
Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on priority basis.
(SOUMITRA PAL, J )