2016 (2) TMI 730 - HC - Customs

Import of of chemicals and dyes - retained by the authorities for want of certification from the Food Safety and Standards Authority of India (FSSAI) - appellant claimed that they are selling this Acid to food industries and they are not selling it as a food product or directly to any consumer for consumption as a food item. - Held that - Since the petitioner has filed an undertaking to the effect that the goods would be sold only for non-food manufacturing industries listed in the affidavit numbering 27 and thereafter to file a proof report in this regard before the authorities concerned recording the said submission made by the petitioner in the affidavit filed before this Court by placing the same on record the respondents are directed to release the consignment in question forthwith. - Decided in favor of appellant.

Summary

Issues:
Challenging customs proceedings for retaining a consignment and seeking direction for clearance.

Analysis:
The petitioner, a dealer of chemicals and dyes, imported Phosphoric Acid from Brazil but faced clearance issues for one container due to lack of certification from the Food Safety and Standards Authority of India (FSSAI). Despite representations to FSSAI and customs authorities, the consignment remained uncleared. A previous writ petition directed the authorities to review the representation, leading to the fourth respondent's order rejecting it on 11.11.2015, prompting the current writ petition.

The petitioner, in an affidavit, undertook to sell the goods only to non-food manufacturing industries listed in the affidavit. Acknowledging this undertaking, the court directed immediate release of the consignment, subject to the petitioner providing a proof report to the authorities. The order emphasized that any violations discovered by the authorities could lead to legal action against the petitioner. The writ petition was disposed of with no costs, and related petitions were closed accordingly.