2009 (9) TMI 604

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....eti Dalal, S/Shri K.P.S. Kohli and Mukesh Anand, Advocates, for the Respondent. [Order]. - The petitioner M/s. Plasto India Pvt. Ltd. had imported cashew kernel LP (broken) from Vietnam. Sample was drawn and sent to Central Food Laboratory, Ghaziabad and as per the report dated 1st July, 2009 received from the said laboratory, the sample failed in two parameters. 2. The petitioner m....

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....instructions. Counsel appearing for the Commissioner of Customs had stated as recorded in the order dated 19th August, 2009 that as per the provisions of Prevention of Food Adulteration Act/Rules, no second sample could be sent for re-testing. 4.Counsel appearing for the respondent No. 3 today states that under the statute, there is no provision of re-testing but in view of the judgment of this....

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....econd testing of a food sample, especially where the Authority who has forwarded the first sample makes a request to do so. In my opinion, where there is no statutory power or prohibition from carrying out a second testing there is no justification in deducing that it is not permitted. In the event that the second testing is found to be favourable to the Petitioner the question that would still ha....

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.... the audi alteram partem rule has been violated in that the Petitioners were not informed or given an opportunity of being heard before the Report of the Central Food Laboratory was finalized. I am unable to agree that this Rule is violated where only an analysis and report, founded of objective criteria, is prepared. If another opportunity is available to test another of the three samples drawn a....