Notification applicability and representative sampling in import testing were upheld, with limited relief on laboratory examination before release.

The DGFT notification requiring laboratory testing was held applicable to the imported consignment because a notification operates from its notified date, not from the date of uploading in the electronic gazette. Balancing the importer's concern over the burden of testing multiple varieties of children's toys against the need for public safety and revenue protection, the court directed only representative sampling: one piece per variety, capped at 15% of each variety, with the customs house agent allowed to remain present. The samples were to be sent to the approved laboratory, and the respondents were required to act on the test report and decide release of the goods in accordance with law.

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Issues: Whether the DGFT notification requiring laboratory testing applied to the imported consignment, and if so, what directions should govern sampling, testing, and release of the goods.

Analysis: The challenge to applicability of the notification was rejected on the ground that the date of uploading in the electronic gazette is not decisive and the notification comes into force from the notified date. The Court then balanced the importer's grievance about the expense and impracticability of testing multiple varieties of children's toys against the revenue's concern that the goods should not be released without rigorous testing. To meet the ends of justice, it directed representative sampling only, limited to one piece per variety and not exceeding 15% of each variety, with the petitioner's customs house agent permitted to remain present. The samples were to be sent to the approved laboratory, and the respondents were to act on the test report and pass orders in accordance with law.

Conclusion: The notification was held applicable, but the petitioner obtained limited relief by way of restricted representative sampling and a consequential direction for decision on the release of the goods after testing.

Final Conclusion: The writ petition was disposed of with operative directions regulating sampling and testing, while declining the challenge to the notification's applicability.

Ratio Decidendi: A notification takes effect from its notified date, and in matters involving public interest and import safety, the Court may direct proportionate representative sampling and testing before release of goods.

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