Court emphasizes substantial justice, refrains from deciding on re-testing, directs prompt consideration of applications.

The court refrained from deciding on the permissibility of re-testing "Calcite Powder" samples but emphasized the importance of substantial justice. It directed the concerned authority to consider and decide on the applications for re-testing within four weeks without being influenced by prior observations. The writ petition was disposed of with these directions.

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Issues:
- Prayer for re-testing of samples of "Calcite Powder" by a laboratory other than the Central Revenue Control Laboratory, New Delhi.

Analysis:
The judgment was delivered by a division bench comprising Arun Tandon and Akhtar Husain Khan, JJ. The petitioners, represented by Shri S.D. Singh and Nishant Mishra, sought prayer 'B' in the writ petition for testing of samples of "Calcite Powder" by a laboratory other than respondent no.5, the Central Revenue Control Laboratory, New Delhi. The petitioners expressed dissatisfaction with the testing conducted by the said laboratory. The department's counsel argued that re-testing could not be directed unless permitted by law, leaving the decision to the concerned authority. The court refrained from delving into the issue of retesting's permissibility under the law at that stage. Instead, the court emphasized the importance of substantial justice and directed respondent no.2 to decide on the applications for re-testing without being influenced by any prior observations. The court ordered the respondent to consider and decide on the applications within four weeks from the date of filing a certified copy of the order. The writ petition was disposed of with these directions and observations.

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