1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 23.12.2011 CORAM THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.14967 of 2011 and M.P(MD)Nos. 1 and 2 of 2011 M/s.Tinns Viteria Trade Private Limited, Through its Authorised Agent and Assistant Manager, M.Vasanth Paldano, S/o.A.Melwin Paldano, Branch Office 27-34-1, Second Street, Munisasamypuram, Tuticorin - 628 003 ..Petitioner Vs 1. The Commissioner of Customs, Custom House, New Harbour Estate, Tuticorin - 628 004. 2. The Assistant Commissioner of Customs(imports), Custom House, New Harbour Estate, Tuticorin - 628 004. 3. The Department of Public Health and Preventive Medicine, Food Analysis Laboratory, Palayamkottai - 627 002. ..Respondents. Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records of the impugned order passed by the second respondent made in B.E.No.5234707 BE dated 19.11.2011 and quash the same. For Petitioner :M/s.P.S.Sundaram For Respondents :Mr.R.Aravindan ORDER The petitioner M/s.Tinna Viterra Trade Private Limited , who imported 50 lakhs Mts of Laird Lentills through Canada to India and when the consignment reached Tuticorin Port, after filing the Bill of Entry 5234707 BE dated 19.11.2011, claiming as goods for home consumption. When they declared the value of the Laird Lentills at USD 386,452.12 on the basis of the Bill of Entry and the invoice, packing list, Certificate of Origin, Bill of Lading and Phytosanitary Certificate. The respondents examined the goods and subsequently, the goods in question were sent for third respondent for issuing Certificate of Clearance. Later on samples from the consignment were taken. After that the certificate of analysis of the imported goods was sent to the second respondent. That goods does not confirm to standards. Aggrieved by the said Certificate issued by the third respondent, a request was made to R1 and R2 to draw samples again for retesting ad per the provisions of the Section 144 of the Customs Act, but this has not been acceded to by the Government and hence, the petitioner has come to this Court. https://hcservices.ecourts.gov.in/hcservices/ 2 2. The learned counsel for the petitioner submits that in similar circumstances, this Court in W.P.No.10763 of 2008 by order, dated 26.11.2008 in the case of M/s.S.Mirs Commodities Private Limited .vs. The Commissioner of customs and others issued a direction to conduct the test afresh and give its opinion to the third respondent as expeditiously as possible. On the same basis, he prayed for a similar direction to direct the respondents to retest the samples of subjects claimed in the Bill of Entry. 3. Mr.R.Aravindan, learned counsel has taken notice on behalf of the respondents. 4. For the reasons mentioned above, as the petitioner has also asked for a limited direction to sent the goods in consignment for retest to the fourth respondent, I find any impediment to refuse the limited prayer. Accordingly the respondents 1 and 2 are directed to sent the samples from the consignment in question and sent the same for retest to the third respondent and if it found that in the retest that the goods in question does not confirm the standard prescribed under the rules, it is open to the respondents to take appropriate action in accordance with law. This exercise shall be done within a period of 3 weeks from the date of receipt of the samples for retest. The third respondent is directed to retest and submit a certificate of retest to the respondents within three weeks from the date of receipt of samples. 5. With the above direction, the Writ Petition is disposed of. Consequently, connected Miscellaneous Petitions are closed. No costs. Sd/- Assistant Registrar (CO) / True Copy / Sub Assistant Registrar To 1. The Commissioner of Customs, Custom House, New Harbour Estate, Tuticorin - 628 004. 2. The Assistant Commissioner of Customs(imports), Custom House, New Harbour Estate, Tuticorin - 628 004. 3. The Department of Public Health and Preventive Medicine, Food Analysis Laboratory, Palayamkottai - 627 002. Vsn SR : 29.12.2011 : 2p/4c W.P(MD)No.14967 of 2011 23.12.2011 https://hcservices.ecourts.gov.in/hcservices/