Rajesh Maheshwari v. Commissioner of Customs and Anr

ORDER

30.11.2010

¶1The consignment that has been imported is of Nigerian Dried Split Ginger. The testing of the Central Food Laboratory ('CFL'), Ghaziabad showed that the volatile oil (dry basis) in the sample was 1 .10% against the prescribed standard of I.5oA and, therefore, the sample was held to be adulterated. The Petitioners challenge the test report and pray for re-testing of the samples.

¶2Appeaing on behalf of Deparlment of Customs, Mr. Anand, Advocate submits that no formal request has been received as yet from the Petitioners by the Departrnent of Customs for re-testing. He adds that there is no provision under the Prevention of Food Adulteration Act for re-testing of the samples.

¶3Considering that the report of the CFL is being acted upon by the Customs Departrnent by withholding from clearance the consignments imported by the Petitioners, it appears to this Court to be in the interests of justice to direct that samples be taken from the consignments imported by each of the Petitioners and the samples got re-tested. The samples shall be drawn by the Department of Customs within one week frorn today and sent for re-testing to CFL, Ghaziabad within one week thereafter. The report of re-testing be requisitioned within a period of four weeks thereafter. A copy of the report shall be furnished to each of the Petitioners within one week of its receipt. It will be open to the Petitioners, if aggrieved by such test repoft, to seek appropriate remedies as may be available to them in accordance with law. W.P.(C) Nos. 7772, 7773 ond 7774 of 2010 Poge 2 of 3 tr ri, -frW LN\ ttf,.1 f to frl ftuJ;ftcohun vf orde'^M 3o h, Cf -L, ,/

¶4No further directions are called for. The writ petitions are disposed of. X(\

¶5A copy of order be given dasti to learned counsel for the parties under the signature of the Court Master. S. MURALIDHAR. J NOVEMBER 30,201.0 ak W.P.(C) Nos. 7772,7773 and 7774 of 2010 Poge 3 of 3

$- ,F I-r IN THE HIGH COURT OF DELHI AT NEW DELHI w.P.(c\ 717212010 SOI{AN LAL JI MAHESHWARI ..... Petitioner Through: i\&. Pradeep Jain, Advocate. VETSUS COMMISSIONER OF CUSTOMS AND ANR ..... Respondents Through: Mr. Mukesh Anand with Mr. R.C.S. Bhadoria. Advocate for R-l. -r w.P.(cl 7173/2010 ABHISHEK MAIIESHWARI ..... Petitioner Through: Mr. Pradeep Jain, Advocate. VETSUS COMMISSIONER OF CUSTOTTaS)\D AtiR ..... Respondents Through: Mr. Mukesh Aribn{with Mr. R.C.S. Bhadoria, Advocate for R-l. \--\- \_ w.P.rcl7fi412010 RAJESH MAHESHWARI ' ..... Petitioner Through: Mr. Pradeep Jain, Advocate. VETSUS COMMISSIONER OF CUSTOMS AND ANR ..... Respondents Through: Mr. Mukesh Anand with Mr. R.C.S. Bhadoria. Advocate for R-1. CORAM: JUSTICE S. MURALIDHAR W.P.(C) Nos.7772,7773 and 7774 of 2070 Poge 7 oJ 3 Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. oh