SATISH KUMAR JAISWAL Vs. COMMISSIONER OF CUSTOMS (PORT)

JUDGEMENT

(1.) A short question is involved in this writ petition. It is whether the Petitioner should get an opportunity to retest the representative samples of the betel nuts imported by him, since he is dissatisfied with the test report already submitted by the port health officer.

(2.) The betel nuts arrived at Kolkata port on December 20, 2004. On December 21, 2004 the relevant bill of entry was filed. Since the goods imported needed test report from the competent authority, before clearance was given by the customs, steps were taken for collecting representative samples through the port health officer.

(3.) The steps were taken, I am told, in compliance with the directions given by the Government of India by a circular No. -Cus., dated October 25, 2001, by which it was directed that all consignments of edible or food products imported through ports must be referred to port health officer for testing and that clearance should be allowed only after receipt of test report.