Fresh representative sampling and re-analysis ordered where dispute arose over imported goods test report and earlier sample validity.

A dispute over the test report for imported goods and the validity of the earlier sample led the HC to treat the existing material as insufficient to resolve the controversy. Because the department was willing to have the remnants re-tested and the petitioner also challenged the sampling process, the Court directed that a fresh homogeneous representative sample be drawn and sent for analysis. The sampling and re-analysis were to be carried out in the presence of the petitioner's director within one week, and the writ petition was disposed of on that basis.

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Issues: Whether, in view of the dispute regarding the test report of the imported goods and the objection to the sample already drawn, a fresh representative sample should be drawn and the goods retested.

Analysis: The test report based on the earlier representative sample was disputed, and the department itself expressed readiness for re-test from the remnants of that sample. Since the petitioner also challenged the drawing of the remnants sample, the existing material was not treated as sufficient to resolve the controversy.

Conclusion: The respondents were directed to draw a fresh homogeneous representative sample and forward it for analysis, with the process to be undertaken in the presence of the petitioner's director within one week.

Final Conclusion: The writ petition was disposed of by granting a direction for fresh sampling and re-analysis of the imported goods.

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