2012 (4) TMI 694 - HC - Customs

Summary

Issues involved: Interpretation of circular dated 20th January, 2012 in relation to import of goods under section 25 of the Food Safety and Standards Act, 2006.

The High Court of Calcutta, in a case where the petitioner sought to improve the quality of imported goods by removing foreign matter, considered the opposing views presented by the Senior Advocates for the petitioner and the Commissioner of Customs. The petitioner's request was based on a circular dated 20th January, 2012, which allowed for such improvements, while the Commissioner argued that import of such goods was prohibited under section 25 of the Food Safety and Standards Act, 2006. The Advocate for the Authorized Officer of the Food Safety and Standards Authority of India supported the circular, stating it was issued under section 16(5) of the 2006 Act, permitting the removal of foreign matters to enhance the quality of food grains. The Court, relying on the submission of the statutory body, allowed the petitioner to remove the foreign matters within five days, subject to testing by a recognized laboratory and clearance by the Commissioner of Customs within a specified timeframe.

The Court's order granted the petitioner the liberty to improve the quality of the goods by removing foreign matters within a specified timeframe, as supported by the circular and the statutory provisions cited. The order emphasized compliance with testing standards and legal requirements for clearance of the goods by the Commissioner of Customs. The decision was made without prejudice to the rights and contentions of the parties involved, with the provision for further orders if necessary. The advocates were permitted to communicate the gist of the order to the parties, who were directed to act accordingly. Additionally, the Court allowed for the issuance of urgent certified copies of the order to the appearing parties upon request.