2016 (3) TMI 35

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....These writ petitions have been filed by the petitioner seeking a direction to the second respondent to draw fresh samples from the consignment covered under Bill of Entries bearing B.E.No.3530613 and B.E.No.3530485, dated 09.12.2015 and B.E.No.3421467, dated 30.11.2015 respectively, on the file of the first respondent and to forward the samples to the Notified Laboratory and to get their report an....

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....oner was waiting for clearance by the second respondent. However, the second respondent, on mere visual inspection, without sending the goods for laboratory examination, denied clearance. Hence, the petitioner sent a representation dated 21.12.2015 to the second respondent to collect samples and forward the same to the laboratory for testing. Since the petitioner has been incurring demurrage charg....

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....acture of the goods goes back to 2014 and according to them, it may not be suitable for human consumption. 5. On the other hand, learned counsel for the petitioner submitted that without any laboratory test, by mere visual examination, it cannot be stated that the goods are unfit for human consumption. 6. Considering the submissions of both sides, in order to give quietus to this issue, the seco....