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Issues involved: Release of goods on provisional basis, conflicting reports on quality of imported betel nut, re-testing under Prevention of Food Adulteration Act.
In the present case, the petitioner sought release of goods on provisional basis after importing betel nut and submitting a DPPQS certificate for clearance. However, the respondent conducted a sample check through CFL which reported 47.94% damage, leading to non-release of goods under Section 2(ia) of Prevention of Food Adulteration Act. The petitioner argued that the betel nuts are likely to deteriorate and requested re-testing due to conflicting reports. The respondent contended that there is no provision for re-testing under the Act. Referring to the judgment in Magma India Vs. Union of India 2005(189) ELT 261, the Court directed the respondent to re-test the goods through CFL and DPPQS without informing the petitioner. The decision was made based on the principle laid down in the mentioned case and the specific circumstances of the present case. The respondent was instructed to take further action based on the new test reports. The writ petition was disposed of, and a copy of the order was to be provided dasti to the counsel for the respondent.
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