2010 (5) TMI 187 - HC - Customs

Import of food articles- whether a mandamus is to be issued commanding the customs to permit the petitioner to affix the best before or expiry date label on the tins containing the food articles sought to be imported into the country? Held that- High court not to decide under article 226 of Constitution of India as to whether assessee be permitted to affix labels. The Assistant Commissioner is the competent authority to decide, official not giving any decision on assessee s request. Appropriate to direct custom to decide question.

Summary

Issues Involved:
Alleged inaction by customs in permitting affixing of best before or expiry date label on imported food articles.

Analysis:
The petitioner filed a petition under Art. 226 alleging inaction by customs in allowing the affixing of best before or expiry date label on tins containing food articles for import. The petitioner sought a mandamus to compel customs to permit the labeling. The customs officials did not draw samples for testing due to the absence of labels on the tins, prompting the petitioner to request permission to affix labels through a representation. Samples were later tested under court order to determine if labeling was necessary.

The main argument revolved around whether customs should grant permission for affixing labels on imported food items. The petitioner's counsel advocated for a mandamus, while customs and Union of India representatives contended that permission cannot be granted for importing misbranded food items. The decision to permit labeling falls under the jurisdiction of the Assistant Commissioner of Customs (Appraising Group-1), who had not made a decision on the petitioner's request, leading to the court's intervention.

The court emphasized that it is not within its purview to decide on permitting label affixing under Art. 226, as this decision lies with customs. Judicial review could be sought if necessary after customs' decision. The court noted conflicting arguments citing court decisions and health regulations, emphasizing that customs should have examined the matter. Consequently, the court directed customs to decide on permitting the labeling within a fortnight, ensuring a fair hearing and consideration of all relevant materials.

In conclusion, the court disposed of the petition by ordering the Assistant Commissioner of Customs (Appraising Group-1) to decide on permitting the affixing of best before or expiry date labels on imported food articles, ensuring a prompt decision with due consideration and communication to all concerned parties.