TMI Blog2016 (4) TMI 832X X X X Extracts X X X X X X X X Extracts X X X X ..... ts, including the Origin Certificate to the authorities for consideration, within a period of one week from the date of receipt of a copy of this order. On receipt of such a representation, the second respondent is directed to draw the samples from the Consignment(s)/goods/Containers in question and forward them to the Notified Laboratory for their report, within a period of one 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 - W. P. No. 9870 of 2016, W. M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e said consignments were sent from the Port of Loading -- Jabel Ali / Dubai and the goods reached the Port of Discharge -- Tuticorin/India; on arrival of the goods, the petitioner filed Bill of Entries for home consumption bearing BE.No.3285038, dated 17.11.2015 to the first respondent through their Customs House Agent Accord Logistics (India) Private Limited for clearance of the said goods. Along with the Bill of Entry, Invoice, Bill of Lading, Packing List, Country of Origin, Phyto Sanitary Certificate for re-export issued by the Government of Dubai, Certificate of Origin, Certificate of Fumigation, etc., were filed. 3. It is the further case of the petitioner that the Customs Officers of the first respondent issued Examination Order, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... three Containers by the second respondent. 5. It is further stated by the petitioner that the second respondent inspected the Consignment on 27/29.01.2016 and took samples only from Container BLZU 2118640 and sent them for Lab analysis and they were confirming to the standards laid down under Food Safety and Standards (Food Product Standards and Food Additives) Regulations, 2011 and they gave NOC only in respect of Container BLZU 2118640. It is stated in their letter, dated 10.02.2016 addressed to the Customs Officers, Tuticorin that they have not taken the samples from the remaining two Containers, namely BLZU 2129198 and TEMU 2852212 for Lab analysis, as the shelf life in respect of these two Containers were below 60%. 6. The petit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y for testing. The petitioner further 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 two 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 of Agriculture and Co-operation, Directorate of Plant Protection, Quarantine and Storage, examined and recommended for release of the Consignment. Already, four Containers' goods were released after getting NOC ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the submissions of both sides and the facts and circumstances of the case, without going into the merits of the case, the petitioner is directed to submit fresh representation to the second respondent, for the above claim, along with a copy of this order and shall produce all the relevant documents, including the Origin Certificate to the authorities for consideration, within a period of one week from the date of receipt of a copy of this order. On receipt of such a representation, the second respondent is directed to draw the samples from the Consignment(s)/goods/Containers in question and forward them to the Notified Laboratory for their report, within a period of one week thereafter. The Notified Laboratory is directed to submit a re ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
