Conflicting laboratory reports on imported goods justified independent re-testing before any final hazardous classification.

Where conflicting laboratory reports exist on the hazardous or non-toxic character of imported goods, a fresh sample may be drawn and tested by an independent laboratory established by the Central Government under the Environment (Protection) Act, 1986. The court noted that one report from the Central Revenue Control Laboratory and another from the consignor's country were contradictory, so a third test was necessary to obtain a reliable determination before the goods were finally treated as hazardous or toxic. The sample was to be collected in the presence of the importer or its authorised representative, and the importer was directed to bear the testing cost.

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Issues: Whether, in view of conflicting laboratory reports on the imported goods, the authorities should draw a fresh sample and send it to another laboratory established by the Central Government under the Environment (Protection) Act, 1986 for testing.

Analysis: Two contrary reports were available, one from the Central Revenue Control Laboratory and another from the consignor's country certifying the goods as non-hazardous or non-toxic. In such a situation, a further sample test by a third laboratory or any other laboratory set up by the Central Government under Section 12 of the Environment (Protection) Act, 1986 was considered necessary to resolve the dispute on the hazardous or toxic character of the goods. The Court directed collection of a fresh sample in the presence of the petitioner or its authorised representative and required dispatch of the sample for testing, with reimbursement of the testing cost by the petitioner.

Conclusion: The request for fresh testing was accepted and the authorities were directed to obtain a further laboratory report, which was in favour of the petitioner.

Final Conclusion: The writ petition was disposed of with a direction for independent re-testing of the sample before the dispute on the nature of the imported goods was finally acted upon.

Ratio Decidendi: Where conflicting laboratory reports exist on the character of imported goods, a fresh sample may be sent to an independent laboratory authorised under the governing environmental statute to ensure a reliable determination.

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