9911796707
TMI Blog2009 (12) TMI 924X X X X Extracts X X X X X X X X Extracts X X X X ..... ral matter was found in excess of the limit specified in item A.18.06.06 on Appendix B to the Prevention of Food Adulteration Rules, 1955 and advised the customs not to permit import of the goods. On the other hand the Plant Quarantine Station, Government of India, Ministry of Agriculture recommended unconditional release of the goods. Under the circumstances, the proper officer of the customs that did not initiate any proceedings under the Customs Act, 1962, withheld his order permitting clearance of the goods. Feeling aggrieved, the petitioner filed these three petitions under art.226. Mr. Chowdhury, counsel for the petitioner, has argued that in the absence of anything in the reports of the central food laboratory to show that the imp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny article of food, being a produce of agriculture or horticulture in its natural form. Section 5 of the Act provides that no person shall import into India - (i) any adulterated food; (ii) any misbranded food; (iii) any article of food for the import of which a licence is prescribed, except in accordance with the conditions of the licence; and (iv) any article of food in contravention of any other provision of the Act or of any rule made thereunder. It is, therefore, evident from the provisions of ss.2 and 5 of the Prevention of Food Adulteration Act, 1954 that what cannot be imported by anyone into the country is any adulterated food; and that a primary food, meaning thereby any article of food being a produce of agriculture or horticu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y. The laboratory testing the samples of the goods possessed power only to record its opinion, not to advise the customs whether the petitioner should be permitted to import the articles. It is for the proper officer of the customs to decide whether he will make an order permitting clearance of the goods, and in the process he is required to consider the reports of the laboratory. He has not held that since the imported goods are deemed to be adulterated articles of food, the petitioner cannot be permitted to import them. It is evident that on the facts of the case, the proper officer of the customs cannot hold that the goods should be deemed to be adulterated. I, therefore, do not see under what authority he can withhold his order pe ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
