2023 (8) TMI 782 - HC - Customs

Clearance of the soyabean as imported - HELD THAT - Petitioner has brought to our notice a Tabulation of Imports, which is sought to be obtained from the Ministry of Commerce Industry that soyabean (HS Code 12019000) was imported in the quantity of 6,55,895.50MT in the year 2021-2022 and in the quantity of 5,22,553.22MT in the year 2022- 23 - It is requested to keep ready whatever material in this regard before the Court and, more particularly, the details of the laboratory certificates on the basis of which clearance was granted to the imports of the year 2021-22 and 2022-23. It is opined that the affidavit dated 24th July 2023, filed on behalf of the FSSAI, in pursuance of our order dated 18th July 2023, is not satisfactory. The proceedings adjourned to 9th August 2023. High on Board .

Summary

Issues involved:
The primary question is whether the contention of the petitioner regarding the clearance of imported soyabean can be accepted based on previous court orders and recent submissions by FSSAI.

Details of the judgment:
In the present proceedings, Mr. Nankani, Senior Advocate, and Mr. Devang Vyas, ASG, made submissions. The Court also heard Mr. Aman Kacheria, Counsel for respondent Nos.7 and 9 - FSSAI. The Court noted the importance of the Tabulation of Imports related to soyabean imports and requested material, including laboratory certificates, from the Ministry of Commerce & Industry to assess the clearance of soyabean imports in specific years. Mr. Vyas, representing Respondent Nos. 1, 8, and 10, indicated the intention to seek instructions for further proceedings. Mr. Bhalwal, Counsel for Respondent No.4, expressed the intention to file a rejoinder affidavit. The Court found the affidavit filed by FSSAI unsatisfactory and directed the submission of an additional affidavit in line with the Court's previous observations. The proceedings were adjourned to 9th August 2023 for further deliberation.