2016 (4) TMI 182 - HC - Customs

Seeking direction for release of goods - Import of Carl Jung brand of non-alcoholic beverage since 2011 - Held that - by following the order of this court in the petitioner s own case reported in 2016 (4) TMI 90 - MADRAS HIGH COURT , petition is disposed of.

Summary

Issues:
1. Import of non-alcoholic beverage under FSSAI license.
2. Rejection of goods due to lack of standard specification.
3. Legal remedy sought through Writ Petition.
4. Previous court order granting liberty for fresh consideration of product approval.
5. Disposal of present Writ Petition with directions for re-application and consideration.

Issue 1 - Import of non-alcoholic beverage under FSSAI license:
The petitioner, an importer based in Coimbatore, held an FSSAI license to import non-alcoholic beverages, excluding dairy products, specifically the Carl Jung brand of de-alcoholised wine. The license was granted in 2012, and the petitioner had been importing these products without issues until 2014. However, a consignment in 2014 faced rejection by the FSSAI due to the absence of standard specifications, leading to the petitioner seeking legal recourse through a Writ Petition.

Issue 2 - Rejection of goods due to lack of standard specification:
Upon the arrival of the petitioner's consignment in 2014, the Customs Department raised a Bill of Entry, but the FSSAI refused clearance citing the absence of standard specifications for the product under the FSS Act, 2006. The petitioner was informed that the goods could not be cleared without a No Objection Certificate (NOC) from FSSAI Delhi, as there was no provision for an appeal under the FSS Act. This rejection prompted the petitioner to approach the High Court through the Writ Petition seeking relief.

Issue 3 - Legal remedy sought through Writ Petition:
The petitioner filed a Writ Petition requesting the Court to quash the FSSAI's decision and direct the release of the goods. During the hearing, the Court referred to a previous order in a similar matter where the petitioner was granted liberty to reapply to the FSSAI for product approval under specific clauses of the Indian Food Code. The Court directed the petitioner to submit relevant materials, including a scientific report, within a specified timeframe for the FSSAI's reconsideration.

Issue 4 - Previous court order granting liberty for fresh consideration of product approval:
The current Writ Petition was disposed of in line with the previous order, granting the petitioner two weeks to reapply to the FSSAI for fresh consideration of the product under the Indian Food Code. The petitioner was instructed to include necessary documents and assert that the alcoholic content was less than 1%. The Court emphasized that it had not expressed any opinion on the merits of the petitioner's claim, leaving the decision to the FSSAI.

Issue 5 - Disposal of present Writ Petition with directions for re-application and consideration:
The Court closed the present Writ Petition, allowing the petitioner to seek fresh consideration from the FSSAI within a specified timeframe. It reiterated that the decision on the approval of the product rested with the FSSAI, and the Court did not provide any judgment on the merits of the case. The Court's order emphasized the need for compliance with the Indian Food Code and submission of relevant materials for the FSSAI's review within the stipulated period.