- (1.) The petition involves a consignment of betelnuts imported from Bangladesh. The consignment was inspected at the Petralpole check -post and sent for tests. The initial test was favourable to the petitioners, but the customs authorities were not satisfied therewith.
(2.) The grievance in the petition is that samples were drawn by the customs authorities behind the back of the petitioners for a second test to be conducted at a faraway laboratory in Mysore. The Mysore report found that the betelnuts were not fit for human consumption. On the basis of such report, a show -cause notice dated May 7, 2014 was issued by the customs authorities. The petitioners did not reply to such notice and, instead, questioned the basis thereof by way of the present petition since the second test was conducted without notice to the petitioners.
(3.) On April 15, 2016, an order was passed directing the Assistant Commissioner of Customs, Petrapole to draw three samples of adequate amounts from the stored goods in the presence of a representative of the petitioners by April 21, 2016. One of the samples was to be retained by the customs authorities, another by the petitioners and the third was to be sent to the Central Food Laboratory, Kolkata by April 28, 2016, so that the same could be tested and an appropriate report made available to Court on May 9, 2016. The expenses for such test were directed to be borne by the petitioners.;