TULSYAN NEC LTD. Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) IN both these writ petitions, the respective petitioners/companies seek for Certiorarified Mandamus to call for the records relating to the order of the third respondent dated 16 -9 -2002, to quash the same and to direct the first respondent to permit the examination of the National Metallurgical Laboratory Scientists as prayed for in the petitioners reply dated 16 -8 -2002 and 14 -8 -2002 respectively.

(2.) THE following facts are sufficient for the disposal of these writ petitions : -

(3.) IT is further stated that when the comments of the National Metallurgical Laboratory were made available to the petitioners, they had requested for forwarding of the comments to J.I.T. and to obtain their response. Mr. Prasad Rao, Head of Metallurgical Department of I.I.T. had also submitted a report confirming that the material cannot be re -used for manufacturing any saleable item and can be used only for re -melting. In their reply, the petitioners submit that the reports and clarifications given by the I.I.T. and the petitioners/companies wanted the cross -examination of the Scientists of National Metallurgical Laboratory. Though a personal hearing was conceded, with regard to the request of the cross -examination of the Scientists, the said request was denied as the report was of scientific and technical nature.