2015 (1) TMI 1386 - HC - Customs

Release of seized goods - case of petitioner is that raw un-garbled betel nuts imported by the petitioner does not attract the provisions of Food Safety and Standards Act 2008 and Rules and Regulations thereunder - Held that - the applicant cannot be refused with the release of goods without forming an opinion that the consignment even after undergoing some other processes cannot be made fit for human consumption - there will be a direction to the third respondent to release the consignments under Exts. P1 to P4 bill of entries on the basis of Ext. P9 to Ext. P12 test results within a period of three days - petition disposed off.

Summary

Issues:
1. Interpretation of provisions under the Food Safety and Standards Act, 2008 regarding raw un-garbled betel nuts import.
2. Validity of the requirement for testing and obtaining a No Objection Certificate from FSSAI for clearance of raw betel nuts.
3. Release of consignments based on plant quarantine test results without the need for further testing under the Act.
4. Application of standards for betel nuts under the 'codex alimentarius' in the absence of specific standards under the Act.

Analysis:
The petitioner sought declarations and writs challenging the applicability of the Food Safety and Standards Act, 2008 to the import of raw un-garbled betel nuts. The counsel argued that a previous judgment established that betel nuts lack specific standards under the Act, and in the absence of such standards, the authority should follow 'codex alimentarius' standards or take precautionary measures under sanitary and phytosanitary measures. The court agreed with this interpretation and directed the third respondent to release the consignments based on plant quarantine test results, as per certificates issued under relevant regulations and Acts. The judgment emphasized that goods cannot be refused release without sufficient grounds to deem them unfit for human consumption, even after undergoing other processes.

The court held that the requirement for testing and obtaining a No Objection Certificate from FSSAI for clearance of raw betel nuts was not justified in the absence of specific standards under the Food Safety and Standards Act, 2008. The judgment highlighted the importance of following established protocols and certifications, such as plant quarantine certificates, to determine the suitability of imported goods for release. It emphasized the need for a clear opinion on the unsuitability of consignments for human consumption before withholding their release, as per relevant regulations and Acts.

Regarding the release of consignments based on plant quarantine test results without further testing under the Act, the court directed the third respondent to release the consignments under specific bill of entries within a short period from the date of the judgment. This decision was based on the plant quarantine certificates issued in accordance with relevant regulations and Acts, indicating the suitability of the imported goods for release. The judgment underscored the importance of adhering to established procedures and certifications to facilitate the smooth clearance of goods without unnecessary delays or requirements.

In conclusion, the judgment clarified the application of standards for betel nuts in the absence of specific provisions under the Food Safety and Standards Act, 2008. By referencing 'codex alimentarius' standards and relevant agreements, the court provided a framework for determining the suitability of imported goods and emphasized the need for adherence to established protocols and certifications to facilitate the timely release of consignments.