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M/s. Sulthana Trading Corporation Versus The Commissioner of Customs

2016 (4) TMI 786 - MADRAS HIGH COURT

Seeking direction to draw fresh samples from the consignment and to send them for lab test - Import of wet dates - Petitioner contended that packing lapse is only curable defect, the crops are very fresh and new crops, the wet Dates will be fit for human consumption for about 1-1/2 years and due to scarcity of PP bags, the foreign supplier might have packed them in old bags and it is only an agricultural produce - Held that:- the petitioner is directed to submit a fresh representation to the sec .....

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week thereafter. The Notified Laboratory is directed to submit a report to the concerned authority within a period of one week thereafter. After receipt of the report to be given by the Laboratory Authorities, the respondents are directed to consider the above claim of the petitioner and pass appropriate orders. - Petition disposed of - Writ Petition No. 11543 of 2016 and W. M. P. No. 9969 of 2016 - Dated:- 29-3-2016 - R. Subbiah, J. For the Petitioner : Mr. M. Abdul Nazeer For the Respondents : .....

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of clearance of the perishable goods imported by the petitioner. 3. The case of the petitioner, in brief, is as follows:- (a) The petitioner has been importing Wet Dates for the past several years from Gulf countries. They have been importing the Wet Dates in bulk quantities and after customs clearance, the Dates are being sold in the wholesale market at Kerala and they are being repacked and sold in India. The petitioner is carrying on their business by duly obtaining the license under the FSS .....

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high quality Wet Dates of Iraq origin, packed in 10 kgs cartons containing 5600 carton boxes. These 5600 carton boxes were stuffed in two containers bearing Nos.ATKU 9601120 and CAZU 8081532. The petitioner has engaged the services of CHA viz., M/s.Accord Logistics (India) Pvt. Ltd., for the clearance of the goods. They were consigned from the port of Jabel Ali / Dubai to the port of Tuticorin / India by vessel 'Rajiv Gandhi'. When the above said consignments arrived at Tuticorin Port, .....

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en they re-exported the said Dates to India, the Dubai Government issued Phyto Sanitary certificate for re-export from Dubai to India. The petitioner filed the Phyto Sanitary certificate for re-export issued by Ministry of Environment and Water, United Arab Emirates and the certificate of Origin issued by Dubai Chamber, Bill of Lading, packing List and Commercial Invoice. The above Dates are of fresh crops. The officers of the second respondent made a visual inspection on 15.12.2015. However, th .....

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boratory test. The goods are of recent crops and the Phyto Sanitary Certificate issued by the Dubai Government will prove that it is fit for human consumption. The second respondent failed to examine the goods properly and they have not sent the goods for laboratory test to find out the fitness of the Dates for human consumption. In this regard, the petitioner sent a detailed representation dated 5.3.2016 to the authorized officer, FSSAI, Chennai, the second respondent herein. But, the same has .....

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ertificate is given by the second respondent, they will not be cleared. Hence, left with no other alternative, the petitioner has come up with the present writ petition seeking a direction to the second respondent to draw fresh samples from the consignment covered under Bill of Entry bearing B.E.No.3285046 dated 17.11.2015 on the file of the first respondent and to forward the samples to the Notified Laboratory and to get their report and forward the same to the first respondent for the purpose .....

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states that packing lapse is only curable defect. As the crops are very fresh and new crops, the wet Dates will be fit for human consumption for about 1-1/2 years and due to scarcity of PP bags, the foreign supplier might have packed them in old bags and it is only an agricultural produce. Already, the Ministry of Environment and Water, Dubai gave Phyto Sanitary Certificate for re-export and again, on arrival of the said Consignment, the Government of India, Ministry of Agriculture, Department .....

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and as the goods imported, namely, Dates, being agricultural products, are perishable in nature, the petitioner is before this court with the above prayer. 5. Learned counsel appearing for the petitioner submitted that the authorities of the Directorate of Plant Protection, Quarantine and Storage, Department of Agriculture and Co-operation, Ministry of Agriculture, Government of India, inspected the goods and issued Certificate recommending release of the goods and only thereafter, the petitione .....

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