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2022 (5) TMI 894 - HC - CustomsClassification of imported goods - Hexane Liquid Chemical - utilized for Industrial purpose as well as for Food Grade purpose or not - it is claimed that what has been imported in the name of Hexane Liquid Chemical, to be utilized for Industrial purpose, is actually Hexane Liquid Chemical for Food Grade purpose - HELD THAT - First of all, it is needed to be understood whether these two products are different or distinct or is it the case that the Hexane Liquid Chemical can be used for Industrial purpose also as well as for Food Grade purpose. If this chemical can be used for both the purpose as aforesaid then the writ applicants undertake that they will use it only for the Industrial purpose - It is to be understood further on what basis the CRCL has said that the samples analyzed are not Hexane Liquid Chemical meant for Industrial purpose but, it is for Food Grade purpose. In this regard, CRCL is directed to file a affidavit through a responsible officer along with the necessary test reports. Let these matters come up on 05.05.2022 on top of the Board. One set of the entire reply along with the documents shall be furnished by 04.05.2022 to the learned advocate appearing for the writ applicants - Notify these matters as item No.1 on 05.05.2022.
Issues:
1. Import of Hexane Liquid Chemical for Industrial and Food Grade purposes. Analysis: The judgment by the Gujarat High Court, delivered by Honourable Mr. Justice J.B.Pardiwala, and Honourable Ms. Justice Nisha M. Thakore, revolves around the import of Hexane Liquid Chemical by the writ applicants for both Industrial and Food Grade purposes. The court heard arguments from Mr. Mihir Joshi, representing the writ applicants, Mr. Priyank Lodha, standing counsel for respondents 2 and 3, and Mr. Nikunt Raval, standing counsel for respondent 4. The primary issue raised was the confusion regarding the usage of Hexane Liquid Chemical for different purposes, specifically Industrial and Food Grade applications. The writ applicants had imported various consignments of Hexane Liquid Chemical, which can serve both Industrial and Food Grade purposes. Mr. Joshi contended that legal formalities must be completed if the same chemical is to be used for Food Grade purposes after being imported for Industrial use. On the other hand, Mr. Lodha and Mr. Raval argued that the imported Hexane Liquid Chemical, supposedly for Industrial use, was certified by CRCL, Vadodara, as suitable for Food Grade purposes upon analysis. They claimed that there are distinct products for Industrial and Food Grade applications. The court emphasized the need to determine whether Hexane Liquid Chemical can be used interchangeably for Industrial and Food Grade purposes. The writ applicants assured to use it solely for Industrial purposes if permissible. Further, the court requested CRCL to provide an affidavit, signed by a responsible officer, along with test reports to clarify the basis for certifying the imported samples as suitable for Food Grade use. The matter was scheduled to be heard on 05.05.2022, with a requirement for submission of all relevant documents by 04.05.2022 to the advocate representing the writ applicants. In conclusion, the judgment highlights the importance of understanding the nature of the imported Hexane Liquid Chemical and ensuring compliance with the intended usage, whether for Industrial or Food Grade purposes. The court's decision to seek clarification from CRCL indicates a thorough examination of the matter to determine the appropriate course of action based on the chemical's intended application.
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