SOUMITRA PAL,J. - (1.) Affidavit of service filed in Court today be kept on record. In the writ petition, the petitioner has prayed for a direction upon the respondents particularly on the Authorized officer, Food Safety and Standard Authority of India, the respondent no.8 to draw fresh samples of imported Split Cassia covered by Bill of Entry No. 5051102 dated 31st October, 2011 in accordance with law and to carry out fresh testing by any of the agencies including Export Inspection Agency at 14/1B Ezra Street, Kolkata or by any other government recognised laboratory within Kolkata and to release the same expeditiously if samples on retesting are found to be in order.
(2.) It is submitted by Mr. Chattopadhyay, learned advocate for the petitioner that the reports at pages 36 and 40 regarding the testing of the samples are divergent and cannot be relied upon and therefore, prayers as stated in the petition have been made. Submission is that the Export Inspection Agency is a government recognized laboratory.
(3.) Learned advocate for the respondents vehemently opposes the prayer for retesting on the ground that since on both counts the samples have failed the tests, no order may be passed.;