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2016 (8) TMI 529 - KARNATAKA HIGH COURT

2016 (8) TMI 529 - KARNATAKA HIGH COURT - 2016 (340) E.L.T. 681 (Kar.) - 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 .....

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- Dated:- 20-7-2016 - Dr. VINEET KOTHARI J. ORDER Mr. S Parthasarathi, Adv. 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 .....

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t petition has been filed by the petitioner aggrieved by the communication, 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 con .....

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of all aquatic animals including fish, crustaceans and molluses and therefore, 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 countr .....

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dated 03.06.2016 to the Deputy Commissioner that advance SIP though required 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 orde .....

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he operation of the impugned order, Annexure - B dated 06.06.2016 shall remain 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 cons .....

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the same may be placed on the record of this Court along with the reply 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 t .....

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tter and the samples for that purpose may be taken from the consignment imported 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 necessar .....

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s inter alia stated that upon the tests being carried on the samples produced 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 .....

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following laboratories; i) The Central Institute of Brackish Water Aquaculture (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 liste .....

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