Soumitra Pal, J.:— The Court: Let affidavit of service filed in court today be kept on record.
Despite notice, none appears on behalf of the respondent nos. 4 and 5.
In the writ petition, the petitioner, an importer of Red Lentils (Pulses), has prayed for a direction upon the respondents, particularly on the customs authorities to draw fresh samples of Red Lentils (Pulses) imported under the Bill of Entry No. 449187 dated 1st January, 2009, since, according to the petitioner, test reports dated 16th January, 2009 and 5 February, 2009 differ.
Submission has been made that direction may be issued upon the Port Health Officer, Kolkata the respondent no. 5 to re-test the same after drawing fresh samples. It is also submitted on behalf of the petitioner on instruction that his client is going to accept the findings of a third test if directed by this Court.
Learned advocate appearing on behalf of the respondent nos. 1, 2 and 3 submits that since even after two tests by two separate methods the food articles imported by the petitioner have failed to cross the bench mark, there is no merit in the writ petition.
Having heard the learned advocates for the parties and considering the facts and circumstances of the case, the writ petition is disposed of by directing the Port Health Officer, Kolkata, the respondent no. 5 to collect fresh samples from the items in question within a fortnight and shall test it in the Central Food Laboratory in accordance with law and shall prepare a test report which shall be sent to the petitioner as and when available.
Since the respondents were not called upon to file affidavits controverting the allegations in the writ petition, the allegations are deemed not to have been admitted by them.
No order as to costs.
All parties concerned are to act on a signed xerox copy of this order on the usual undertakings.