2018 (9) TMI 1772

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....d as under:- "46. ..... a) This Hon'ble Court may issue a writ or Mandamus or a writ in the nature of Mandamus or any other direction, to Respondent No.2 to furnish the Petitioner with samples drawn under panchnama dated 05.05.2018, from each of the 10 tankers. b) This Hon'ble Court may issue a writ of Mandamus or a writ in the nature of Mandamus or any other direction, to Respondent No.2 to act upon its request for re-testing of the samples drawn under panchnama dated 05.05.2018, on all 21 parameters prescribed under the IS Specification 1460:2005 as amended thereafter, from a reputed and independent institution such as Indian Institute of Petroleum, Dehradun; c) This Hon'ble Court may issue ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....in the instant case till such that the results of the re-testing of the samples in accordance with all 21 parameters prescribed in IS specifications 1460/2005 as on date through an independent agency o repute as Indian Institute of Petroleum, Dehradun; as already sought by the Petitioner; are procured and presented before this Honourable High Court, (a-3) Ad-interim relief in terms of prayer (a-1 or a-2) above; f) Ad-interim relief in terms of prayer (3) and (e) above; ................................" 3. Shri Kamal Trivedi, learned Senior Counsel appearing with Ms.Priyal Parikh would contend that at this stage, viz. seizure memo issued on 15.5.2018 under Section 110 (1) of the Customs Act, 1962, according to t....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

..... He further submitted that since three reports including that of CRCL, New Delhi are available, the petitioner may be permitted to make representation. Upon instructions received from the petitioner, it is submitted that the petitioner would be answerable to any legitimate call viz. issuance of summons seeking any clarification or explanation from the petitioner and lawful action under the Act. On instructions received, learned ASG, Shri Devang Vyas, states that if such representation is made by the petitioner the same will be considered by the authority in accordance with law and the petitioner shall answer such summons that may be issued under the Act. It is also submitted that the department is expected to complete the adjudication proc....