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2012 (9) TMI 921 - HC - CustomsImport of pulses (Toor Whole) - unsafe or sub-standard food - Held that:- When import of sub-standard materials is prohibited testing is required to be done at the point of entry into India. Any certificate of a prior date is of no consequence. It is possible that the said consignment was in perfect condition on the date on which samples were drawn for analysis by SGS Myanmar Limited but subsequently deteriorated in course of transit. Even in such circumstances, this Court in exercise of jurisdiction under Article 226 of the Constitution of India cannot issue mandatory orders for clearance of a consignment that is found sub-standard when the same landed in India. Instructions contained in the circular of the Senior Inspecting Officer of the Food Authority cannot, in my view, be enforced by initiation of proceedings under Article 226 of the Constitution of India. The circular has been issued in response to representations for relaxation of standards. The prayer for relaxation of prescribed standards was apparently turned down having regard to the object of ensuring the mandate of safe food imports into India. An importer can be allowed facilities for improving the quality of foodgrains, at the sole discretion of the Authorized Officer of Food Authority who is required to ensure that clearing/sorting of food grains can be done by the importer strictly under the supervision of the Customs in customs bonded area. - Decided against the petitioner.
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