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TMI Blog2012 (5) TMI 15X X X X Extracts X X X X X X X X Extracts X X X X ..... RY V.JAMES, SRI.B.J.JOHN PRAKASH, SRI.TOM THOMAS (KAKKUZHIYIL) For Respondent: SRI.SAIBY JOSE KIDANGOOR J U D G M E N T Manjula Chellur, Ag.C.J. Heard Sri.Joseph Kodianthara, learned Senior counsel for the appellant as well as Sri.Saiby Jose Kidangoor, learned Senior Standing Counsel representing the Department. The facts that lead to the filing of the present appea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... matter, when the intimation was sent to the appellant, he approached the learned single Judge seeking the following directions:- i. issue a writ of mandamus or any other writ, direction or order, directing the respondent No.1 to allow release of goods under Bill of Entry No.4605474 dated 12.9.2011. ii. issue an appropriate writ or direction or order directing respondent No.2 to re-examine the go ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... blic in India has to be set aside. 4. According to the learned standing counsel, the Department has to follow the Circulars in strict compliance, especially when it is a food item. He refers to general conditions regarding the import policy and also Circular No.58 of 2001 dated 25.10.2001. According to the Department, unless the Port Health Officer certifies the product, the authority of the Depa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onsumers is not in question. It is only with regard to the standards to be maintained for exporting the product. If there is a process available to the exporter to make the product consumable conforming to the standards required for exporting the same, in the absence of any opinion with regard to the contamination of the product, we are of the opinion, the appellant must be given a chance and allo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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