Partial Success in Mandamus Petition for Goods Release & Re-Testing |

The court partially allowed the petition for mandamus for the release of goods pending clearance and direction for re-testing of samples. It affirmed the validity of a previous judgment allowing re-testing if adulteration was suspected. The court emphasized the provisions of the Prevention of Food Adulteration Act permitting second testing, benefiting the purchaser. Respondents were directed to send samples for testing without informing the petitioner, with instructions to act on the laboratory reports within four weeks. The writ petition and interim relief application were partly allowed under specified terms.

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Issues:
Claim for mandamus for release of goods pending clearance and direction for re-testing of samples.

Analysis:
In this case, the petitioner sought a mandamus for the release of goods pending clearance at Tughlakabad or, alternatively, a direction for the Customs Authorities to conduct fresh testing of the product samples. The petitioner relied on a previous judgment by the court in Magma (India) v. Union of India, which allowed for re-testing of samples if the authorities suspected adulteration or non-conformance to specifications. The respondent did not contest the permissibility of re-testing but referred to a different Division Bench order that declined to direct second testing without commenting on the Magma (India) judgment.

The court affirmed the validity of the Magma (India) judgment, noting that it had not been overruled or questioned by a Larger Bench. Additionally, the court highlighted the provisions of Sections 12 and 13 of the Prevention of Food Adulteration Act, which allow for second testing of samples, especially benefiting the purchaser. The court also emphasized its authority under Article 226 to direct second testing.

Consequently, the court partially allowed the petition, directing the respondents to send samples to a Central Food Laboratory without informing the petitioner. The respondents were instructed to act upon the laboratory reports within four weeks. The writ petition and application for interim relief were partly allowed as per the specified terms.

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