2010 (1) TMI 444

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....ce issues involved are similar, the writ petitions are taken up for hearing analogously. However, for the sake of brevity, facts mentioned in W. P. No. 12 of 2010 are mentioned in this order. 2. In the writ petition the petitioner has prayed for a direction upon the customs authorities to release the primary food Whole Yellow peas of Ukraine origin under Bill of Entry No. 503010 dated 3rd Novem....

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....e petitioner was not satisfied with the first report, the Port Health Officer, Marine House, Kolkata, as evident from page-47 of the writ petition, forwarded samples of the consignment for retest at the Central Food Laboratory ("CFL" for short). CFL retested the goods as it appears from Annexure-P/5 of the writ petition. During retest the sample was found adulterated as it did not conform to the s....

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....d the learned advocates for the parties. In my view, since the question whether the goods are adulterated or not is a technical one and as the public notice as mentioned has designated the CFL, Kolkata as the appellate laboratory, the petitioner if aggrieved should have preferred appeal before the said body though the second test has been conducted and order has been passed by CFL. Therefore, the ....