Conflicting laboratory reports on imported betel nuts justified re-testing before any consequential action.

Imported betel nuts supported by a clearance certificate and a later laboratory report showing substantial damage were treated as a case requiring fresh verification. Where inspection or laboratory findings are conflicting and the goods are susceptible to deterioration, a further test may be directed to establish the correct factual condition before consequential action is taken. Re-testing by CFL and DPPQS was ordered, and further steps were to depend on those reports.

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Issues: Whether imported betel nuts, in the face of conflicting laboratory reports and the likelihood of deterioration, should be directed for re-testing before further action is taken.

Analysis: The goods were already supported by one clearance certificate, while the subsequent laboratory report found substantial damage. In such a situation, where the commodity was liable to deteriorate and the two reports were inconsistent, a further test was considered appropriate to determine the correct condition of the goods. The direction for re-testing was made by following the principle previously applied in analogous matters.

Conclusion: The goods were directed to be tested again by CFL and DPPQS, and further action was to proceed on the basis of those reports.

Ratio Decidendi: Where imported goods are supported by conflicting inspection or laboratory reports and are susceptible to deterioration, a further test may be directed to ascertain the correct factual position before consequential action is taken.

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