9911796707
TMI Blog2014 (12) TMI 1208X X X X Extracts X X X X X X X X Extracts X X X X ..... ance can be placed on other documents such as Phytosanitary Certificate, report of Public Health Department of Municipal Corporation of Greater Mumbai and also certificate of Quarantine given by the supplier by which it can be ascertained that the product in question is free from pest, insect and fungal infection. - Impugned order set aside - Decided in favor of appellant. X X X X Extracts X X X X X X X X Extracts X X X X ..... terim order before this Tribunal by filing the appeal, this Tribunal vide order No. A-442/2011/CSTB/C-1, dated 30-9-2011 dismissed the appeal as not maintainable. In compliance to the interim order the appellant vide letter dated 21-12-2009, 22-12-2009 and 19-l-2009 (through their advocate) requested to Chief Commissioner of Customs, JNCH, Commissioner (Appeals), JNCH and the Commissioner of Customs (Imports), JNCH for drawing of the representative sample and conducting the test. No response was received by the appellant. Thereafter, the Commissioner (Appeals) passed the final order wherein the order-in-original dated 17-12-2009 was upheld and the appeal of the appellant was rejected. Hence the appellant is before me. 2. Shri. C.K. Ch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Authority for the reason, firstly decision taken was not in respect of present appellant whereas in respect of some other importer. Hence it cannot be generalized and cannot be applied to the appellant's case also. It is his submission that the final test was to be made by PRA Team which in this case was not done. It is his submission that in their case as per the test of said item by Municipal Corporation of Greater Mumbai, Public Health Department, it is clearly certified that the product does not contain fungal and insects. As per the Phytosanitary Certificate, it is certified that it is free from quarantine paste. From this it can be easily concluded that the product in question does not contain any pest and therefore pest risk analys ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... zymes are dead, and the vegetables are ready to be frozen for long term or to be cooked by conventional methods. Blanched vegetables keep their colours and flavours far more than unblanched vegetables, and they keep in the freezer for much longer. Blanching also helps to destroy micro organism on the surface of the vegetables, for this reason the product does not contain any pest or insect or fungal infection. He submits that even otherwise in the facts and the circumstances of the case the redemption fine and penalty is not warranted in the present case for the reason that the compulsory compliance made in respect of goods i.e. Phytosanitary Certificate had been produced by the appellant and as regard other observation of the Plant and Qua ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . I find that importer has valid point as far as his request for test of the sample is concerned. There is nothing on the record and in Order-in-Original passed by the lower authority that the samples of goods imported were tested and it contains any pests etc. The Adjudicating authority has erred in holding on the basis of P&Q letter dated 16-11-2009 that the goods imported are having bio-risk without even inspecting or testing the goods. To meet the ends of principles of natural justice the plea of the importer for testing the goods by recognized Laboratory/institution cannot be denied to prove that the consignment is pest free. Considering the fact that the goods are perishable in nature and lying in refrigerated container and incurr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mporter in view of the said interim order. Further, the goods are not permitted to be imported by the Plant & Quarantine Authority as the goods imported involve bio-security risk. As the appellant is failed to produce required Test report after getting sufficient time. Accordingly I pass the following order : ORDER I uphold the impugned order-in-original No. 6846/2009(AM), dated 17-12-2009 and reject the Appeal No. F. No. S/49-759/2009-MISC JNCH. Since the test report is not available, the reference can be made to other documents such as Phytosanitary Certificate of the Country of Origin and report of Public Health Department of Municipal Corporation of Greater Mumbai from which it can be seen that subject goods are free from pests, ins ..... X X X X Extracts X X X X X X X X Extracts X X X X
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