9911796707
TMI Blog2025 (5) TMI 1052X X X X Extracts X X X X X X X X Extracts X X X X ..... rticle 226 of the Constitution of India seeking setting aside of the seizure memo dated 01st August, 2024 and consequent release of the consignment of Roasted Areca Nuts which have been imported by the Petitioner. 3. A consignment of Roasted Areca Nuts is the subject matter of the present petition. The Petitioner had obtained an advance ruling bearing no. CAAR/Del/Perfect/01/2024/639 dated 5th January, 2024 for the purpose of importing Roasted Areca Nuts under a particular classification being 'CTH 20081920'. The bill of entry was filed by the Petitioner on 21st June, 2024 bearing no. 4121826. In terms of the ruling which was given by the Advance Ruling Authority, it was held as under: "9. I find that the issue dealt with i.e. Classifica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... drawn on 3rd July, 2024 and in view of the monsoon weather condition, the goods were permitted to be moved to the warehouse. Subsequently, a report was received from the FSSAI. 5. Thereafter, goods were again sent to the Central Revenue Control Laboratory (hereinafter "CRCL") for testing. According to the Petitioner, though satisfactory reports were received, samples were again drawn and retested repeatedly and finally, the goods were not released at all. Hence this petition has been filed seeking the setting aside of the seizure memo dated 01st August, 2024 and also for praying for unconditional release of the consignment. 6. Vide order dated 12th December, 2024, this Court had observed that there are conflicting reports in respect of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , Ghaziabad (hereinafter "NFL") was then directed to test the samples in terms of sub-regulation 2.3.55. The relevant portion of the order dated 16th January, 2025 is set out below: "2. The present writ petition has been filed under Article 226 of the Constitution of India seeking release of consignment of roasted Areca Nuts which have been imported by the Petitioner. The goods were not released in view of conflicting test reports on record with respect to the Areca Nuts traded by the Petitioner company. Vide order dated 12th December, 2024, this Court after considering the contradictory test reports in respect of the "Areca Nuts" traded by the Petitioner company, had directed the Food Safety and Standards Authority of India (hereinafter, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... governs the regulation for Areca nuts or Betelnuts or Supari. 6. The FSSAI shall place on record the letter or the communication given to the NFL, Ghaziabad as to the standards under which the testing was to be conducted. 7. In any event, let the NFL shall now test the samples in terms of sub-regulation 2.3.55 of the Food Safety and Standards (Food Products Standards and Food Additives) Regulation, 2011 and place the report by the next date of hearing. No further adjournment shall be granted. 8. If the test report by NFL, Ghaziabad is not filed by the next date of the hearing, the matter would proceed further. 9. A competent official from the FSSAI shall remain present in Court on the next date of hearing. 10. In addition, let the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the consignment is itself sufficient to not release the consignment of goods. He submits that since there can be no supervision, the goods do not deserve to be released. 11. The Court has heard the matter. The initial reports given by either the CRCL or the FSSAI do not say that the goods are not fit for human consumption. In fact, in terms of the report dated 1st October, 2024, the sample is found to be 'Roasted Areca Nuts' by the primary laboratory. 12. Thereafter, the CRCL's report dated 17th October, 2024 states that the sample is not fit for human consumption. Again, on 25th October, 2024, the parameters were held to not match with Roasted Areca Nut. These reports are in contrast with the report submitted in June/July, 2024 where the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Department as the Petitioner is willing to give an undertaking that the same would not be used for human consumption. 16. Accordingly, the consignment is provisionally released subject to payment of a sum of Rs.5 lakhs as security with the Customs Department. The Customs Department, after provisionally releasing the goods, shall issue a Show cause notice to the Petitioner in accordance with law and adjudicate the matter. 17. Mr. Gagan Uppal, the son of the proprietor - Mr. Naresh Kumar Uppal is present in Court and undertakes to the Court that the goods would not be used for human consumption. Any violation of this shall be construed as contempt of the order of this Court and if the Customs Department or any other Department finds out tha ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
