1. This Court, while issuing the notice on 08.12.2021, passed the following order.

“ 1. The petitioner is before this Court seeking following reliefs: -

“(A) Your Lordships may be pleased to issue a writ of certiorari or writ in the nature of certiorari quashing and setting aside the communication dated 12.10.21 issued under F.No. VIII/10-3/Pr. Commr./ O & A/2021-22-DRI (DIN – 20211071MN0000444DD8) and dated 12.11.2021 issued under F. no. VIII/10-3/ Pr. Commr/O & A/2021-22 (DIN – 20211171MN0000111F00) issued by respondent no.3 (annexure-A);

(B) In addition to relief (A) above; Your Lordships may be pleased to issue a writ of mandamus directing the respondents to grant re-testing from a remnant sample of the goods drawn from the factory on 4.11.2020 and all other goods which are imported subsequently and also communicate the same to the petitioner;

(C) The Test Report No. 1271 dated 31.12.2021 (Annexure-E) may be ordered to be discarded as valid evidence for the purpose of proceedings initiated vide Show Cause Notice No. VIII/10-3/Pr. Comm./O & A/ 2021-22-DRI dated 15.06.2021;

(D) During the pendency and Final Disposal of the present petition, Your Lordships may be pleased to direct the respondents to send the remnant sample of all the goods which are tested at CRCL, Vadodara for re-test at CRCL, New Delhi;

(E) An ex-parte ad-interim relief in terms of para 9(C) above may kindly be granted on such terms and conditions deemed fit by this Hon’ble Court;

(F) The adjudication of Show Cause Notice No. VIII/10-3/Pr. Comm./O & A/ 2021-22-DRI dated 15.06.2021 may stay during the pendency of the present petition;

(G) Any other further relief as may be deemed fit in the facts and circumstances of the case may also, please be granted.”

2. The report of the test has been made available to the petitioner along with the show cause notice and in the very month the request was made for the resampling from the remnant sample of the goods kept at the godown. No heed is paid. According to the petitioner, the circular no. 30/2017 dated 18.07.2017 cannot be read in the manner as has been done in this case.

3. Issue Notice, returnable on 16.12.2021. The adjudication may continue, the final order shall be passed after seeking prior permission of the Court.

4. Direct service qua respondent nos. 2 to 5 is permitted.”

2. This Court, thereafter on 29.09.2022, directed the retesting and also protected the petitioner by way of adinterim relief. The report of which has now come.

3. Learned advocate Mr.Dhaval Shah for the petitioners does not press this petition, as he, on instructions, submits that the petitioners are desirous of taking a recourse of other legal remedies, keeping all contentions made before this Court open.

Learned ASG Mr. Devang Vyas for respondent No.1 and learned Standing Counsel Mr.Dhaval Vyas for respondents No.2 to 5 have no objection.

4. This petition stands disposed of. Ad-interim relief is vacated. Notice is discharged.