TMI Blog2011 (12) TMI 209X X X X Extracts X X X X X X X X Extracts X X X X ..... ht of carrying out business under Article 19 (1) (g) is subject to reasonable restraints under Article 19 (6). The notification does not fall foul of Constitutional provisions. Delhi High Court on 28 November 2011 has dismissed a petition of M/s. Marya Frozen Agro Foods Pvt. Ltd. raising a similar challenge. - Writ Petition No. 9043 of 2011 - - - Dated:- 1-12-2011 - Dr. D.Y. Chandrachud, A.A. Sayed, JJ. Zubin Behram Kamdin with Charles Desouza and Gandhar Raikar for the Appellant D.J. Khambata, A.S.G. with R.V. Desai, Sr. Adv., Rajinder Kumar and Prashant Kamble for the Respondent JUDGEMENT D.Y. Chandrachud: The Petitioner has sought to challenge a notification issued by the Union Government in the Ministry of Commerce and Industry on 31 October 2011. By the notification which has been issued in exercise of powers conferred by Section 5 of the Foreign Trade (Development and Regulation) Act, 1992 read with Para 2.1 of the Foreign Trade Policy, 2009-2014 as amended from time to time the Central Government has substituted Chapter - 2 of Schedule 2 of the ITC (HS) Classification of Export and Import Items, with a fresh provision. Chapter 2 deals with "M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it shall be ensured that the abattoir where the animals are slaughtered shall meet with the following requirements; (a) All abattoirs servicing raw material requirements of the industry for meat for export and in existence as on the date of commencement of these rules shall comply with the requirements stipulated in IS 43931979 'Basic requirement for an abattoir'. (b) The abattoir or slaughter houses constructed after the date of the notification of these rules and utilized for purposes of securing raw material for export of meat shall comply with the requirements of IS 43931979." 4. On 21 December 2004 a notification was issued by the Director General of Foreign Trade under Section 5 of the Foreign Trade (Development and Regulation) Act, 1992 read with Paragraphs 1.1, 2.1, 2.4 and 2.29 of the Foreign Trade Policy, 2004-2009 by which certain amendments were made in Table B of Schedule 2 of the ITC(HS) Classifications of Export and Import Items. In Chapter 2 which deals with "Meat and Edible Meat Offal", the following note came to be inserted: "Export of meat and meat products will be allowed subject to the exporter furnishing a certificate to the customs at the tim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reply, had resulted in illegal and unauthorised slaughter of animals since the meat for export can be sourced from any abattoir without the requirement of the abattoir being registered with APEDA being fulfilled. The practice in trade, it is stated, is that an animal is slaughtered in an abattoir (most abattoirs being municipal abattoirs) and the carcass is taken to a meat processing plant, generally private, for further processing. In certain cases, the abattoir is attached to its own meat processing plant, this being referred to as integrated abattoir. Presently it is stated, most of the processing plants are procuring carcasses from municipal abattoirs over which APEDA has no control. If the animal is slaughtered at a nonregistered abattoir, any defect in quality or any bacterial contamination of the meat cannot be attended to subsequently at the meat processing plant, even though the meat processing plant may be registered with APEDA. An animal slaughtered at a nonregistered abattoir may be contaminated and infected with bacteria and pollutants. It is, therefore, submitted that the requirement of APEDA certification/registration will ensure that abattoirs, most of which are mu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed 31 October 2011 is clarificatory. The notification now sets at rest an element of doubt which arose under the earlier notification as to whether it was sufficient if the meat processing plant alone was registered with APEDA or whether in addition the rawmaterial had to be sourced from an APEDA registered integrated abattoir/abattoir. Under the present notification, both the meat processing plant and the place wherefrom the meat is sourced as a rawmaterial have to be duly registered with APEDA. This was the intendment of the earlier notification dated 21 December 2004. Moreover, the notification has a nexus with the object sought to be achieved which is to ensure that the quality of the meat exports conforms to basic conditions of hygiene and quality. No discrimination is made by the notification. Whether the meat processing plant has an integrated abattoir or is only a stand alone meat processing plant, does not make any difference to the applicability of the notification. In the case of both, a registration is required with APEDA. Moreover, the place from which the raw material is sourced is also required to be registered with APEDA. In our view, the Union Government was not ac ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
