1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 23.12.2011 CORAM THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.14984 of 2011 and M.P(MD)Nos. 1 and 2 of 2011 M/s.Vasumathy Traders, represented by its Partner Mr.S.Sathis Kumar, No.3/1223, Sattur Road, Virudhunagar - 626 001, Tamil Nadu. .. 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 Food Analyst, Foods Analysis Laboratory, Department of Public Health and Preventive Medicine, Palayamkottai 627 002 4. The Senior Public Analyst, Public Health Laboratory, Puducherry. .. 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 third respondent connected with Report No.8134/2011, dated 24.11.2011, on the file of the third respondent and to quash the same and consequently to direct the fourth respondent to re-test the samples of the subject consignment covered under Bill of Entry No.5213885, dated 17.11.2011. For Petitioner :M/s.A.K.Jayaraj For Respondents :Mr.R.Aravindan ORDER The petitioner M/s.Vasumathy Traders, has imported 128.760 Mts of Laird Lentills through Canada to India and when the consignment reached Tuticorin Port after filing the Bill of Entry No.5213885, dated 17.11.2011, claiming as goods for home consumption, they declared the value of the Laird Lentills at USD 74,680.80 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 do not confirm to the https://hcservices.ecourts.gov.in/hcservices/ 2 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 as 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 to send the samples for re-test. 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 goods in 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 send the goods in consignment for retest to the fourth respondent, I find no impediment to refuse the limited prayer. Accordingly the respondents 1 and 2 are directed to send the samples from the consignment in question and send the same for retest to the fourth respondent and if it is found in the retest that the goods in question failed to confirm the standard prescribed under the rules, it is open to the respondents to take appropriate action in accordance with law. However, 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 (RTI) /True copy/ Sub Assistant Registrar(C.S) 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 Food Analyst, Foods Analysis Laboratory, Department of Public Health and Preventive Medicine, Palayamkottai 627 002 4. The Senior Public Analyst, Public Health Laboratory,Puducherry. vsn W.P(MD)No.14984 of 2011 23.12.2011 TR : 28.12.2011: 2p/5c : IT https://hcservices.ecourts.gov.in/hcservices/