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TMI Blog2009 (9) TMI 498X X X X Extracts X X X X X X X X Extracts X X X X ..... - Dated:- 17-9-2009 - S/Shri M.V. Ravindran, Member (J) and P. Karthikeyan, Member (T) Shri Ram Sharma Chunduru, Advocate, for the Appellant. Shri V. Raja Ram, JDR, for the Respondent. [Order per: M.V. Ravindran, Member (J)]. - This Miscellaneous application is filed for out of turn hearing of the stay petition. it is seen from the cause list that the stay petition is listed today. Hence the Misc. application for out of turn hearing of the stay petition has become infructuous and the same is dismissed as such. We take up the stay petition for the disposal. 2. The stay petition is directed against waiver of pre-deposit of redemption fine and penalty imposed by the adjudicating authority and upheld by the Commissioner (App ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pugned goods within 30 days from the date of receipt of the order. Aggrieved by such an order, the appellants preferred an appeal before the Commissioner (Appeals). The Commissioner (Appeals) while disposing the case, rejected the appeal on the following observations:- "7 …Going by the facts of the present case and the submissions made by the appellants during the course of personal hearing, I am of the view that it is not practically possible for curing the defect of non-conformity to the moisture standard under the supervision of the customs officers. Hence, I am not inclined to interfere with the finding of the lower authority ordering re-export of the impugned goods. 8. It is further contended by the appellants that the department ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y are imported in violation of the- PFA Act. it is the submission that any adulterated food or misbranded food should not be allowed for re-processing. 5. We have carefully considered the submissions made by both sides and perused the records. It is seen from the records that the consignment has been analysed by Sr. Public Analyst, State Food Laboratory and only parameter which was specifically considered is regarding moisture content. The moisture content of the imported goods is 10.20% while standard, as laid indicates moisture content should not be more than 5%. At the same time, the Sr. Public Analyst reported that these goods 'are adulterated and misbranded. According to him, there is a violation of Rules 32(c), 33 and 42 (zzz) (17 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ority shall grant a copy to the appellant and give a reasonable opportunity of hearing, before coming to a conclusion on the consignments." Respectfully following ratio of the above said decision, we hold that the impugned order confiscating the goods is liable to be set aside and is set aside, how authorities are directed to clear the goods for re-processing and after re processing, the samples may be drawn and analysed for the conformity of the consignment under the PFA Act and Rules made thereunder. If the reprocessed samples fail specification of the PFA, the law may take its own course against the appellant. The condition of movement of consignment should be done under the rule applicable in this case. 6. It is directed that the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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