2020 (1) TMI 1655 - HC - Customs

Seeking to permanently restraint the import of artificial fruit ripening sachet in any form whatsoever throughout the territory of India - HELD THAT - It appears that Food Safety and Standards Authority of India has permitted import of Ethepone in powder form, however, as per the petitioner, the effect of this is dangerous to public health. It appears that to arrive at any conclusion about the effect of Ethepone in powder form, which is being used for artificial ripening of the fruits, depends upon the cogent and convincing evidence produced by the petitioner. Evidence of experts in the field is also required which will be subject to the cross-examination by the other side. In this eventuality, there are no reason to entertain this writ petition. The respondents are directed to treat this writ petition as a representation and look into the grievances ventilated by the petitioner. If need arises, they can also have further discussion with the experts to revisit the conclusions arrived at by the respondents for the usage of Ethepone in powder form which is allowed to be used for artificial ripening of the fruits. This writ petition is disposed of.

Summary

Issues:
1. Challenge to the Direction dated 16.08.2018 and guidance note No. 04 of 2018
2. Import of artificial fruit ripening sachet in India
3. Public health concerns regarding the use of Ethepone in powder form for fruit ripening
4. Requirement of cogent evidence and expert opinions for determining the effects of Ethepone
5. Disposal of the writ petition as a representation for further examination by the respondents

Analysis:

1. The petitioner sought the quashing of the Direction dated 16.08.2018 and guidance note No. 04 of 2018, claiming them to be illegal and void ab initio. The court noted the grievances raised about the use of Ethepone in powder form for fruit ripening and the concerns regarding public health. The petitioner highlighted a notification dated 16th August, 2018, indicating permission for the import of Ethepone in powder form by the Food Safety and Standards Authority of India.

2. The court acknowledged the petitioner's concerns about the dangerous effects of Ethepone on public health due to its use in artificial fruit ripening. However, the court emphasized the necessity of substantial evidence and expert opinions to ascertain the impact of Ethepone in powder form accurately. The court indicated that conclusive evidence and expert testimony, subject to cross-examination, are crucial for making informed decisions on such matters.

3. Despite the need for more substantial evidence, the court directed the respondents to treat the writ petition as a representation. The respondents were instructed to address the grievances raised by the petitioner and engage with experts for a thorough reevaluation of the permissions granted for the use of Ethepone in powder form for artificial fruit ripening. The court emphasized the importance of revisiting the conclusions reached by the authorities in light of the concerns raised.

4. The court disposed of the writ petition with the aforementioned directions, highlighting the importance of further examination by the respondents. The court indicated that the petition would serve as a basis for the respondents to delve deeper into the issues raised and potentially reconsider the permissions granted for the import and use of Ethepone in powder form for fruit ripening. The court also mentioned the disposal of pending applications related to the case.