2009 (12) TMI 924 - HC - Customs

Summary

Issues involved: Interpretation of provisions of Prevention of Food Adulteration Act, 1954 regarding import of food items, authority of central food laboratory to advise customs, statutory obligation of customs officer to permit clearance of goods.

Summary:
The petitioner imported Black Matpe Whole and presented bills of entry to the customs officer. The central food laboratory found mineral matter in excess of the specified limit but the Plant Quarantine Station recommended unconditional release. The customs officer withheld clearance based on the laboratory's advice. The petitioner filed petitions under art.226 challenging this decision.

Interpretation of Provisions:
- Section 2(ia)(m) of the Act: Defines when an article of food shall be deemed adulterated, allowing for natural causes beyond human control.
- Section 2(xiia) of the Act: Defines "primary food" as produce of agriculture or horticulture in natural form.
- Section 5 of the Act: Prohibits import of adulterated or misbranded food, with exceptions for natural causes beyond human control.

Court's Decision:
The central food laboratory's advice did not deem the goods adulterated. As per s.5 of the Act, import of non-adulterated primary food is not prohibited. The laboratory's role is to provide opinion, not advise customs on import permission. The customs officer had no authority to withhold clearance based on the laboratory's advice. The officer is statutorily obligated to permit clearance of goods.

Conclusion:
The court allowed the petitions, directing the customs officer to permit clearance of the goods within a week and allowing the petitioner to clear the goods within 48 hours of paying assessed duty. No costs were awarded.