2016 (4) TMI 786 - HC - Customs

Seeking direction to draw fresh samples from the consignment and to send them for lab test - Import of wet dates - Petitioner contended that packing lapse is only curable defect, the crops are very fresh and new crops, the wet Dates will be fit for human consumption for about 1-1/2 years and due to scarcity of PP bags, the foreign supplier might have packed them in old bags and it is only an agricultural produce - Held that - the petitioner is directed to submit a fresh representation to the second respondent, for the above claim, along with a copy of this order and shall produce all the relevant documents, including the Origin Certificate to the authorities for consideration, within a period of one week from the date of receipt of a copy of this order. On receipt of such a representation, the second respondent is directed to draw the samples from the Consignment(s) /goods / Containers in question and forward the same to the Notified Laboratory for their report, within a period of one week thereafter. The Notified Laboratory is directed to submit a report to the concerned authority within a period of one week thereafter. After receipt of the report to be given by the Laboratory Authorities, the respondents are directed to consider the above claim of the petitioner and pass appropriate orders. - Petition disposed of

Summary

Issues:
- Mandamus for drawing fresh samples from consignment
- Delay in laboratory testing of perishable goods
- Dispute over suitability of goods for human consumption

Analysis:
1. Mandamus for drawing fresh samples from consignment:
The petitioner sought a mandamus directing the second respondent to draw fresh samples from a consignment of Wet Dates for laboratory testing. The petitioner imported high-quality Wet Dates from a foreign supplier, but the second respondent failed to conduct necessary tests despite repeated requests. The petitioner argued that without laboratory testing, it cannot be determined if the goods are fit for human consumption. The court directed the petitioner to submit a fresh representation with relevant documents, and upon receipt, the second respondent was ordered to draw samples for testing within a week. The laboratory was instructed to provide a report within another week, and subsequent appropriate orders were to be passed based on the findings.

2. Delay in laboratory testing of perishable goods:
The petitioner faced delays and incurred demurrage charges due to the second respondent's inaction in conducting laboratory tests on the perishable goods. Despite providing necessary certificates and representations, the second respondent did not take action. The petitioner highlighted the perishable nature of the goods and the need for prompt testing to avoid financial losses. The court's directive aimed to expedite the testing process and decision-making to prevent further financial burdens on the petitioner.

3. Dispute over suitability of goods for human consumption:
A dispute arose regarding the suitability of the imported goods for human consumption. While the petitioner claimed that the goods were fresh and fit for consumption, the second respondent expressed concerns about the age of the goods. The petitioner emphasized that visual examination alone cannot determine the fitness of the goods and stressed the importance of laboratory testing. The court's order to conduct laboratory tests and consider all relevant documents and recommendations aimed to resolve this dispute and ensure a fair assessment of the goods' quality and safety for human consumption.

In conclusion, the judgment addressed the issues of mandamus for sample testing, delays in laboratory testing of perishable goods, and the dispute over the suitability of goods for human consumption. The court's directions aimed to streamline the testing process, consider all relevant factors, and make an informed decision regarding the release of the consignment based on laboratory reports and recommendations.