Retained imported food samples may be retested by the Central Food Laboratory when the initial report is disputed.

Imported food consignments are treated differently from domestic food articles under the statutory scheme, and the finality attached to certificates in domestic cases does not bar further testing of imported samples. Where an initial report is disputed and a retained sample remains available, the scheme permits a second examination by the Central Food Laboratory, and fairness supports re-testing to verify the first report. The retained imported food sample was therefore required to be sent for analysis, and the petitioners were entitled to re-testing.

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Issues: Whether imported food samples drawn by Customs can be subjected to a second testing by the Central Food Laboratory, and whether the petitioners were entitled to such re-testing.

Analysis: The statutory scheme distinguishes imported food consignments from food articles manufactured or sold within India. For imports, the Customs authorities may forward samples to the Central Food Laboratory under the Prevention of Food Adulteration Act, 1954, while the finality attached to certificates in domestic food cases under the proviso to Section 13(5) does not control imported goods. The provisions relied upon show no express prohibition against a second test of the retained sample, and the practice of drawing multiple samples supports an additional opportunity to verify the first report. The Court also noted that where an initial report is disputed, fairness requires allowing the retained sample to be examined again, particularly when another sample remains available.

Conclusion: The petitioners were entitled to a second testing of the retained imported food sample, and the Customs authorities were directed to send it to the Central Food Laboratory for analysis.

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