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2023 (8) TMI 803 - BOMBAY HIGH COURTRefusal to clear the goods in question imported by the petitioner - Pigeon Peas - Soya bean - clearance denied on the ground that the goods are genetically modified and which if they exceed the permissible parameters cannot be permitted to be cleared and / or they would be required to be re-exported - HELD THAT:- When the Court was about to pass an order, the concern of the Court was primarily on stand taken on behalf of respondent nos. 1, 8 and 10 coupled with the fact that the FSSAI had taken a clear position that the import in question was permissible for home consumption, as the same was within the norms and fulfillment of standards of FSSAI under the provisions of the Act and the rules made thereunder. In such context, the Court had intended to verify the compliance of the observations as made by the Court in MAKE INDEX IMPEX, A PROPRIETORSHIP CONCERN OF PROPRIETOR RAJESH NAKHUA VERSUS UNION OF INDIA & ORS. [2023 (7) TMI 923 - BOMBAY HIGH COURT], which was to the effect that the goods being imported were safe for human consumption. It is in such context, the Court noted that the affidavit filed on behalf of the FSSAI was not in compliance on what was observed by the Court in above order, and in such context, as a clear affidavit to that effect was not placed by the FSSAI, the Court expressing its dissatisfaction, had adjourned the proceedings for today, to enable FSSAI to place on record clear affidavit in terms of what the Court expected in paragraph 4 of above-mentioned order. Accordingly, a clear stand of the FSSAI is on record that the Soyabean sought to be cleared by the petitioner and subject matter of the present proceedings, in no manner whatever would be harmful for human consumption/health in whatever form, in the light of the requirements and parameters of the FSSAI Act, 2006 and the Rules framed thereunder, if the goods are permitted to be cleared. Thus, the approach as now sought to be adopted by the Customs Department and more particularly in the light of the position taken by respondent no.1-Union of India, respondent No. 8-Genetic Engineering Appraising Committee as also respondent no. 10-Ministry of Environment, Forest & Climate Change and most significantly by respondent No. 7-Food Safety & Standards Authority of India, it is opined that the approach ought to be accepted, and the proceedings, without prejudice to the rights and contentions of the parties on any of the issues, which may arise, be disposed of by permitting provisional release of goods subject to conditions imposed. Petition disposed off.
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