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M/s. Wanson Ocean Enterprises (India) Pvt Ltd Versus Deputy Commissioner Of Customs

2016 (8) TMI 529 - KARNATAKA HIGH COURT

Requirement of Sanitary Import Permit (SIP) – import of frozen fish – detention of consignment for testing purposes – Held that: - the question of interpretation and applicability of the notifications of requirement of Sanitary Import Permit being there or not in the present case, has become academic and need not be decided by this Court at this stage. Tests were carried out and certified that the consignment under question is free from pathogens with respect to the general microbiological param .....

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dv. for Petitioner. Mr. Jeevan J Neeralgi, Adv. for Respondent No.1. Mr. Prabhuling. K. Navadgi, Asst. Solicitor Gen. for Mrs. Anupama Hegde, Adv. for Respondent No.2 1. In pursuance of the interim directions of this Court, respondent No.2, the Quarantine Officer, has undertaken the tests at various laboratories on the sample of the frozen fish imported by the petitioner from Oman, which consignment was detained as the same was imported without the relevant Sanitary Import Permit (SIP). 2. The p .....

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n, Annexure - B of the Deputy Commissioner of the Customs on 06.06.2016 directing the Deportation/Destruction of Frozen Fish imported by the petitioner for human consumption under BE No.5161011 dated 05.05.2016 from Muscat on the ground that Sanitary Import Permit (SIP) was not obtained in advance by the concerned Authority by the petitioner for import of such Frozen Fish from Muscat Sultanate of Oman and therefore, the consignment either deserves to be deported back or to be destroyed. Learned .....

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fore, no such requirement of obtaining advance SIP could be insisted upon by the Respondent Authority muchless ordering the deportation/destruction of the consignment. He also submitted that in the previous such imports of Frozen Fish, instead of insisting upon the advance SIP for that purpose, the petitioner itself offered the sample for checking of the Froze n Fish to avoid health hazard to the consumers within our country India and the petitioner is ready and willing to offer the samples of t .....

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red in the present case was not obtained by the petitioner. Having heard the learned counsel for the petitioner, prima-facie, even while Section 128 of the Act provides for appeals to the Commissioner (Appeals), in such cases is applicable to the present case but since the impugned communication directing the deportation or destruction of the consignment imported by the petitioner cannot be said to be an administrative order but essentially is quasi-judicial order and the same was passed without .....

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emain stayed, subject to the following conditions: i) That the petitioner shall permit and allow the first Respondent/Deputy Commissioner and Quarantine Officer to undertake the lab test or medical examination of the samples of the imported consignment in question and if after such examination, a requisite health certificate is issued by the concerned Quarantine Officer, not finding any adverse elements in the imported consignment, which may be likely to cause any health hazard to the consumers .....

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affidavit of the respondent through their counsel before the next date. iii) A period of two weeks is allowed to the parties for the aforesaid purpose. List this case again on 05.07.2016. Order dated 05.07.2016. The learned counsel for the respondents submits that the concerned State Laboratory at Chennai will need at least ten days time to undertake the test of the samples of the frozen fish imported by the petitioner in the present case in pursuance of the orders passed by this Court on 16.6.2 .....

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mported by the petitioner and once the report is received, the appropriate directions for the release of the consignment be made. In view of the aforesaid submissions at the Bar, let this case again be listed before the Court on 18.7.2016. By that time, the respondents will definitely complete all the requisite formalities and testing and will furnish their report to the petitioner as well as before this Court. The necessary orders for release of the consignment as per the previous order dated 1 .....

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uced by the petitioner, the fish in such samples were found to be free from diseases for which the tests were carried on and, therefore, the consignment can be released to the petitioner. However, the learned Assistant Solicitor General appearing for respondent No.2 submitted that the expenditure incurred for undertaking the tests to the extent of ₹ 13,000/- and odd may be directed to be p aid by the petitioner, since at the instance of the petitioner the said tests were carried out. The r .....

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ulture (CIBA), Chennai. ii) The Central Institute of Fisheries Education, Mumbai. iii) The ICAR-National Bureau of Fish Genetic Resources, Lucknow. iv) The Central Institute of Fisheries Technology, Cochin. 2. It is submitted that among them, the Central Institute of Brackish Water Aquaculture (CIBA), Chennai and the Central Institute of Fisheries Education, Mumbai have expressed their inability to carry out the tests listed under the Office International Epizooties (OIE) by the World Organisati .....

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