M R BROTHERS Vs. CC AND CE

JUDGEMENT

(1.) HEARD.

(2.) THIS petition is directed for getting sample of "babu Supari" retested by a competent authority. Petitioner's case is that earlier sample was taken and report regarding the same was obtained on 10. 5. 1995 (Annexure P/s ). That discloses that the Supari does not contain Kattha, lime and tobacco.

(3.) EARLIER to it a sample was taken. That disclosed presence of Kattha and lime vide Report dated 26. 5. 1995 (Annexure P/8 ). It appears a fresh sample now has been taken. The report has not been produced. Shri Neema submits that the report, as he has been informed, shows the presence of Kattha and Lime. Now the whole contorversy is about the retesting. As a matter of fact the application could be made before the Collector, Central Excise also. However, during the course of arguments the parties agreed for retesting the sample at Government approved Laboratory at Calcutta.