2010 (12) TMI 780 - HC - Customs

Imported 40 containers - samples did not match with the PFA standards - If that be so, obviously, the petitioner cannot require the first respondent to permit clearance of the goods - Therefore,direct the second respondent to draw representative sample from the containers in which the goods in question are remaining in the wharf, send the same for analysis in the Central Food Laboratory, Mysore and get their report in the matter - It is directed that once the report is received as above, such report will be conclusive and the respondents will take further action based on the findings in the report - It is directed that until the aforesaid exercise is completed, the goods in question shall not be auctioned or otherwise disposed of - Thus, writ petition is disposed off accordingly.

Summary

Issues:
1. Discrepancy in analysis of imported wheat samples.
2. Request for independent analysis of wheat samples.
3. Legal provisions for obtaining independent analysis.
4. Court's direction on further action and expenses.

Analysis:
1. The petitioner, a company dealing in cereals, imported Australian Premium White Wheat. Out of 40 containers imported, 5 were cleared, but the remaining 35 containers did not meet PFA standards due to excess Chlorpyriphos. The petitioner disputes this finding.

2. The petitioner requested the second respondent to send a representative sample for analysis to the Central Food Laboratory, Mysore, but the request was declined citing lack of legal provision. The petitioner filed a writ petition seeking direction for independent analysis of the wheat samples.

3. The High Court noted that the analysis reports indicated non-compliance with PFA standards, preventing clearance of the goods. However, the court acknowledged the petitioner's right to prove the wheat's quality through an independent laboratory. Since there was no statutory prohibition, the court directed the second respondent to send samples for analysis to the Central Food Laboratory, Mysore.

4. The court ordered the petitioner to bear all expenses for the independent analysis and instructed that the goods should not be auctioned or disposed of until the analysis report is received. Additionally, any demurrage incurred during this period would be the petitioner's responsibility. The writ petition was disposed of with these directions for further action.