2011 (2) TMI 1389 - HC - Customs

Summary

Issues involved:
The petitioner sought orders to process two consignments of crude palm oil to conform to standards under the Prevention of Food Adulteration Act, 1954 and permit clearance. The main issue was whether the consignments could be reprocessed to meet the required standards within the Customs area.

Details of the judgment:

1. Processing of Crude Palm Oil:
- The petitioner purchased two consignments of crude palm oil which did not conform to standards under the Prevention of Food Adulteration Act, 1954.
- The Central Food Laboratory's report indicated non-conformance, leading to non-release of the consignments.
- The petitioner requested permission to reprocess the oil to meet the standards.

2. Legal Precedents and Arguments:
- Mr. Chowdhury cited previous cases where reprocessing of imported goods was allowed to meet standards.
- Reference was made to the proviso of Section 18 of the Prevention of Food Adulteration Act regarding the forfeiture of property and reprocessing capability.

3. Court's Decision:
- The Court acknowledged previous orders allowing reprocessing of goods to meet standards under specific circumstances.
- However, in this case, the Court was not convinced that the crude palm oil could be reprocessed within the Customs area to meet the required standards.
- The Court highlighted the necessity to take goods out of the Customs area for reprocessing edible articles.
- As the petitioner did not provide a plan for reprocessing within the Customs area, the Court dismissed the writ application.

The judgment emphasized the importance of demonstrating the feasibility of reprocessing goods within the Customs area to meet prescribed standards under the Prevention of Food Adulteration Act, 1954.