2023 (4) TMI 1243 - HC - Customs

Geo Chem Laboratory is an accredited Laboratory or not - validity of report issued by such laboratory - option of provisional release - HELD THAT - Without going into the question of competence of Laboratory considering the importance of the issue raised and the fact that what is involved is genetically modified substance having larger implications, the suggestions of learned ASG accepted, as it would be a further precaution in this regard. Hearing of this petition is deferred to 7 June 2023. To be listed under the caption For Directions .

Summary

Issues involved: Divergence of views between statutory bodies regarding genetically modified Soyabeans import, Competence of laboratory testing, Release of consignment by Port Trust Authority.

Divergence of views between statutory bodies regarding genetically modified Soyabeans import:
The High Court noted a divergence of views among the Customs Department, Food Safety and Standards Authority of India, and Genetic Engineering Appraisal Committee regarding the import of genetically modified Soyabeans. The Additional Solicitor General (ASG) informed the court that a joint meeting of the statutory authorities had been held to reconcile their stand. It was highlighted that the import of genetically modified Soyabeans could be categorized into two groups based on the percentage of genetic modification. The ASG suggested testing the consignment from a different laboratory accredited by the National Accreditation Board for Testing and Calibration Laboratory (NABL) to ensure accuracy. The court accepted the ASG's suggestions, emphasizing the importance of the issue due to the potential implications of dealing with genetically modified substances. The court directed the concerned laboratory to provide a report to the Customs Department promptly. The hearing of the petition was deferred to a later date for further directions.

Competence of laboratory testing:
During the proceedings, the Senior Advocate for the Petitioner argued in favor of considering the report from Geo Chem Laboratory, emphasizing its accreditation. However, the court refrained from delving into the competence of the laboratory. Instead, recognizing the significance of the matter involving genetically modified substances, the court decided to adopt the ASG's recommendations as an additional precautionary measure. This decision was made to ensure thorough testing and accurate determination of the genetic modification percentage in the Soyabeans consignment.

Release of consignment by Port Trust Authority:
The court addressed the issue of the Port Trust Authority not releasing the consignment of Pigeon Peas. The Petitioner's counsel informed the court about the situation and representations made in this regard. The court directed the Port Trust Authority to respond to the communication within one week through a written order. Following the receipt of the order, the Petitioner was granted permission to amend the petition to challenge the decision if deemed necessary. Additionally, the Senior Advocate for the Petitioner requested liberty to approach the vacation court if an adverse order was passed by the Port Trust Authority, highlighting the urgency of the matter. The court clarified that it was within the Petitioner's discretion to take further steps, with the vacation court having the authority to address the issue if satisfied with the urgency presented.