Re-testing of import samples: second-test requests allowed and Competent Authority decides which laboratory result to rely upon. Re-testing of import samples is available on written request within ten days; the Additional/Joint Commissioner specifies an appropriate laboratory and re-tests must use original remnants or duplicate sealed samples in Customs custody, with fresh sampling only in the presence of the importer. The Competent Authority considers re-test results alongside the first test, records reasons in writing when relying on either result, and may order a further re-test in appropriate cases while consignments remain under Customs control. Re-testing is ordinarily permitted but may be denied on reasonable recorded grounds.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Re-testing of import samples: second-test requests allowed and Competent Authority decides which laboratory result to rely upon.
Re-testing of import samples is available on written request within ten days; the Additional/Joint Commissioner specifies an appropriate laboratory and re-tests must use original remnants or duplicate sealed samples in Customs custody, with fresh sampling only in the presence of the importer. The Competent Authority considers re-test results alongside the first test, records reasons in writing when relying on either result, and may order a further re-test in appropriate cases while consignments remain under Customs control. Re-testing is ordinarily permitted but may be denied on reasonable recorded grounds.
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