2009 (10) TMI 477

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.... the Respondent. [Order]. - The deponent, claiming to be the Deputy Marketing Manager of the petitioner Company, engaged in the business of Trading Internationally and Domestically, asserts that in pursuance of the order placed with the petitioner Company by the Andhra Pradesh State Civil Supplies Corporation Ltd., for the supply of Red Gram/Lemon Toor Whole, he floated a Global Tender for the ....

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....the respondent, through letter dated 11.09.2009, declined the request of the petitioner, and, on the other hand, directed it to refer the Board's Circular No.58/2001, dated 25.10.2001, and also Section 13(2) of the Prevention of Food Adulteration Act, 1954. It is the case of the petitioner that the subject cargo underwent necessary scrutiny and analysis, while loading it at the place of export, an....

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....er and Custom House Agents and were forwarded immediately to the Regional (P.H.) Lab on 01.09.2009. It is further stated that it is not possible to draw samples for retesting, as retest can be done only from the sample available with the public analyst as per the Prevention of Food Adulteration Act, 1954. It is also stated in the counter affidavit that since there is no provision in both the Custo....

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.... said Deputy Commissioner of Customs, Visakhapatnam, appeared in-person, along with relevant material, and, on his behalf, the learned Standing Counsel has drawn the attention of this Court to the note (1) specified under Section 19 of Chapter-III of Volume-III of the Customs Manual, the abstract of which has been filed before this Court along with material papers and which reads as under:-  ....