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Judgment
Rajive Bhalla, J.
The petitioner prays for issuance of a writ to direct the respondents to draw fresh samples and get the imported "zinc slamming" retested. Additional affidavit of Ms. Varinder Kaur, Deputy Commissioner of Customs (Import Appraisement), CPS, PSWC, Phase-V, Focal Point, Ludhiana, filed in Court today, is taken on record.
We have heard counsel for the parties and perused the pleadings. The test report, received pursuant to test conducted on the representative sample already drawn, is seriously disputed. A perusal of the additional affidavit dated 16-10-2014 reveals that the department is ready for a re-test but from the remnants of the representative sample already drawn. As the petitioner not only disputes the test report but also the drawing of the remnants sample, the writ petition is disposed of by directing the respondents to draw a fresh homogenous representative sample and thereafter forward it for analysis. The entire process be carried out in the presence of Mr. Ved Gupta, Director of M/s. Gupta Agri Care Private Limited, within one week of receipt of a certified copy of this order.