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M/s. Akshaya Global Trade Versus The Commissioner of Customs And Others

2016 (4) TMI 832 - 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 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 fresh representation to the second re .....

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er. 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. P. No. 8840 of 2016 - Dated:- 17-3-2016 - R. Subbiah, J. For the Petitioner : Mr. M. Abdul Nazeer For the Respondents : Mr. S. Haja Mohideen Gis .....

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y 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 fro .....

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ner 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 .....

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rs and the above stated documents and also the original Import documents. The Directorate of Plant Protection, 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, w .....

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they do not have any objection to draw samples from the remaining 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 .....

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alyst of the Notified Laboratory for analysis and report, and to find out the fitness of the Dates/samples for human consumption. It is not proper for the second respondent in confining the samples by visual inspection. It is stated that the Customs will clear only after the NOC letter/Certificate from the second respondent in respect of the two Containers, 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 th .....

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ioner is not familiar with the FSSAI Label Standards, as the Customs have instructed to get FSSAI Certificate only from November 2015, and therefore, the suppliers have not followed the Label Standards. The petitioner requested the second respondent to collect the samples and forward the same to Laboratory 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 y .....

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r Containers' goods were released after getting NOC from FSSAI. Unless the samples from the above two Containers, namely BLZU 2129198 and TEMU 2852212 are sent for Laboratory Test, they will not be cleared. Inspite of the petitioner's request on 10.02.2016 for drawing the samples and to send them for Lab Test, the second respondent has not taken action. Since the petitioner has been incurring demurrage charges and as the goods imported, namely, Dates, being agricultural products, are per .....

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aid 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 visual examination, it cannot be stated that the goods are unfit for human consumption. This Court also heard the submissions of the learned SCGSC appearing for the fir .....

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