9911796707
TMI Blog2016 (4) TMI 832X X X X Extracts X X X X X X X X Extracts X X X X ..... to get their report and forward the same to the first respondent for the purpose of clearance of the perishable goods imported by the petitioner. 2. The petitioner-Company, based on the experience in the trade of Dates in Tamil Nadu, has been importing wet Dates from Gulf Countries and selling them. They placed an order for supply of wet Dates with foreign supplier Mohamed Hussain Gani Foodstuff Trading (LLC), P.O. Box No.252280, Dubai Hamariya Customs BLD U.A.E., who in turn imports wet Dates from Iraq and Iran and re-export them to India and other countries. The petitioner's representative Mr.Hussain, who hails from Trichy and working in Dubai, has placed the order after satisfying himself with the fresh crop of the Dates with the fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion, Quarantine and Storage, Department of Agriculture and Co-operation, Ministry of Agriculture, Government of India, examined the Dates and recommended for release of the Consignment on 27.11.2015. The second respondent issued No Objection Certificate (NOC) only in respect of three Containers, namely BLZU 2147859, BLZU 2171156 and TCKU 2820587, vide NOC No.201600000039, dated 01.01.2016, which were ordered to be released on 08.01.2016. 4. The petitioner further stated that they have submitted a letter on 11.01.2016 to the Assistant Commissioner of Customs, Tuticorin, requesting him to take re-sampling for Lab analysis by the second respondent, from the remaining three Containers, as it was stated that the three Containers, namely BLZU 21 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iners, namely BLZU 2129198 and TEMU 2852212. As the shipment is made in the month of November 2015, the colour of the Dates will become dark and the market price will be substantially affected. The petitioner informed the second respondent that similar goods imported by the petitioner and others, were cleared after getting the report from the second respondent and the Ministry of Agriculture. The petitioner's supplier purchases the goods from Iraq and they are the actual importer at Dubai and in turn, they re-export the goods to India. 7. It is the grievance of the petitioner that they have informed the second respondent that the petitioner is not familiar with the FSSAI Label Standards, as the Customs have instructed to get FSSA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arned counsel 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 petitioner requested the second respondent to send the samples for Laboratory analysis. But the said request has not been considered by the second respondent. Learned counsel for the second respondent submitted that the goods were manufactured long back and according to them, it may not be suitable for human consumption. On the other hand, learned counsel for the petitioner submitted that without any laboratory test, by mere v ..... X X X X Extracts X X X X X X X X Extracts X X X X
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