2016 (4) TMI 832 - 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 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 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 them 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 involved:
1. Writ of Mandamus to direct drawing of fresh samples from specific containers for lab analysis and clearance of perishable goods imported by the petitioner.

Analysis:
The petitioner, a company importing wet Dates, sought a Writ of Mandamus to direct the second respondent to draw fresh samples from specific containers and forward them to a Notified Laboratory for analysis. The petitioner imported wet Dates from Gulf Countries, which were packed in containers and sent to India for clearance. The Customs Officers issued Examination Orders and verified various documents related to the consignment. The Directorate of Plant Protection recommended the release of the consignment, but the second respondent issued NOC only for some containers. The petitioner requested re-sampling for lab analysis from remaining containers, citing damage due to floods. Despite initial approval for sampling, the second respondent only took samples from one container, citing shelf life concerns for the others. The petitioner argued that proper lab analysis was necessary as per Food Safety and Standards Authority of India Act, highlighting the impact on market price due to delays. The petitioner emphasized the need for lab testing to determine fitness for human consumption, especially for perishable agricultural products like Dates.

The petitioner contended that the second respondent's visual inspection was insufficient, and proper lab analysis was crucial for clearance. The petitioner raised concerns about the supplier not following FSSAI Label Standards due to recent requirements. The petitioner argued that any packing lapses were curable defects, emphasizing the freshness and quality of the Dates. The petitioner highlighted previous clearances based on lab reports and government recommendations. Despite repeated requests, the second respondent did not take action to sample the remaining containers. The petitioner faced demurrage charges and sought court intervention due to the perishable nature of the imported goods. The court considered submissions from both sides and directed the petitioner to submit a fresh representation to the second respondent with relevant documents within a week. The second respondent was instructed to draw samples for lab analysis and forward them to a Notified Laboratory promptly. The Laboratory was directed to submit a report within a week, following which the respondents were to consider the claim and pass appropriate orders within two weeks regarding the release of specific containers forming part of the consignment.

In conclusion, the court disposed of the Writ Petition with directions for further action, emphasizing the importance of proper lab analysis for perishable goods' clearance and ensuring compliance with legal standards.