No Right to Unlimited Re-Testing: Delhi HC Denies Third Sample Test in Customs Dispute:

The Delhi High Court dismissed the petition, ruling that a third round of testing is a discretionary power of the customs authority rather than a mandatory right for the exporter
What happens when a second DNA test returns no clear answers?

No Right to Unlimited Re-Testing: Delhi HC Denies Third Sample Test in Customs Dispute
M/S Akee International, a business owned by Shri Aakib Majid Mir, got into legal trouble while trying to export shawls. Customs officials suspected the fabric was made from the hair of the endangered Tibetan antelope, a claim supported by an initial lab report.
Mr Mir asked for a second opinion, but that test came back inconclusive, leaving the material's identity a mystery.
When the government moved forward with legal action and refused his request for a third test at a specialised lab, Mr Mir took the case to the Delhi High Court.
Issue Involved In this Case
Whether the petitioner has an absolute legal right to demand a third laboratory test of the seized shawls, or if the power to order such a test is a discretionary matter left solely to the government authority handling the investigation.
Decision of the Delhi High Court
The Delhi High Court dismissed the petition, holding that a third test cannot be ordered merely on the petitioner’s request. However, it clarified that the adjudicating authority still has the discretion to order a third test if required, especially in the case of conflicting reports under the 2017 Circular.
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Saloni Kumari
Content Writer
Saloni is a Content Writer with 2+ years of experience at studycafe.in. She writes legal, taxation, and finance related content including GST, Income Tax etc. Skilled in translating complex judicial pronouncements and regulatory developments into clear, and reader-friendly articles. Experienced in covering judgements of ITAT, High Court, GSTAT, and news related to Income Tax, GST, and corporate law. She can be reached at [email protected].
Saloni is a Content Writer with 2+ years of experience at studycafe.in. She writes legal, taxation, and finance related content including GST, Income Tax etc. Skilled in translating complex judicial pronouncements and regulatory developments into clear, and reader-friendly articles. Experienced in covering judgements of ITAT, High Court, GSTAT, and news related to Income Tax, GST, and corporate law. She can be reached at [email protected].
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