2012 (2) TMI 584 - HC - Customs

Summary

Issues involved:
The issues involved in the judgment are related to the import of Crude Palm Oil (Edible Grade) and the standards laid down under the Food Safety and Standards Act, 2006.

Summary:

Issue 1: Appeal against the order passed by the Hon'ble Calcutta High Court

The Revenue did not prefer any appeal against the order passed by the Hon'ble Calcutta High Court in the matter of Gokul Refoils and Solvents Limited v. Union of India and others. The order passed by the Commissioner of Customs (Appeals) in the case of Gokul Refoils and Solvents Limited is not binding upon the Commissioner of Customs, Kandla. However, the order in Appeal No. KOL/CUS/CKP/213/2011 has been accepted by the Committee of Commissioners where the same issue involved in this application has been decided against the Revenue.

Issue 2: Prima facie case for an interim order

The petitioner has made a strong prima facie case to have an interim order to clear the imported consignment of Crude Palm Oil (Edible Grade) under specific Bills of Entry to conform to the standards laid down under the Food Safety and Standards Act, 2006. The court orders to permit clearance of the consignment within one month and grants an order of injunction restraining the respondent from causing any delay in allowing the petitioner to process the imported consignment to meet the required standards.

Issue 3: Final hearing and directions

The court schedules the matter for final hearing on a specific date and permits direct service. The petitioner is required to give an undertaking to deposit the claimed amount before the Revenue authority in case of failure in the Special Civil Application.

This judgment addresses the issues related to the appeal against the order passed by the Hon'ble Calcutta High Court, the grant of an interim order for clearance of imported consignment, and the final hearing date with specific directions for the petitioner.