2016 (3) TMI 35 - HC - Customs

Seeking direction to draw fresh samples from the consignment- Import of wet Dates- Cleared by the first respondent but denied by the second on mere visual inspection, without sending goods for laboratory examination- Held that Without laboratory test, goods cannot be stated as unfit for human consumption- Therefore, directions to second respondent were given to draw samples from consignment and forwarded to Notified Laboratory. Petitioner permitted to produce all the relevant documents, including the Origin Certificate to the authorities for consideration. Also, respondents are directed to consider the claim of the petitioner on the basis of report of Laboratory Authorities, for earlier release, by taking note of the recommendations of the Government of India by the certificate. Decided in favour of petitioner

Summary

Issues:
Seeking direction for fresh samples from consignment, denial of clearance based on visual inspection without laboratory testing, delay in clearance leading to demurrage charges, dispute over suitability of goods for human consumption based on date of manufacture.

Analysis:

The petitioner filed writ petitions requesting the second respondent to draw fresh samples from the consignment covered under specific Bill of Entries for perishable goods imported by the petitioner. The petitioner, a company importing wet Dates from Gulf countries, faced clearance issues for nine containers, with one container loaded with high-quality Dates under a different Bill of Entry. The second respondent denied clearance based on visual inspection without laboratory examination, prompting the petitioner to request sample testing due to incurring demurrage charges and the perishable nature of the goods.

The petitioner's counsel argued that authorities had inspected the goods and recommended release before the petitioner's representation, emphasizing the urgency due to the goods' perishable nature. Conversely, the second respondent contended that the goods' manufacture date raised concerns about their suitability for human consumption. The petitioner's counsel highlighted the necessity of laboratory testing to determine the goods' fitness for consumption accurately.

In the judgment, the court directed the second respondent to draw samples from the consignment for testing at a Notified Laboratory. The petitioner was allowed to submit relevant documents, including the Origin Certificate, for consideration. The respondents were instructed to evaluate the petitioner's claim based on the laboratory report and the Government of India's recommendations, aiming for an early release within two weeks of the court order.

The writ petitions were disposed of without costs, and connected miscellaneous petitions were closed, providing a resolution to the dispute over clearance and suitability of the imported goods for human consumption.