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TMI Blog2016 (4) TMI 786X X X X Extracts X X X X X X X X Extracts X X X X ..... gin Certificate to the authorities for consideration, within a period of one week from the date of receipt of a copy of this order. On receipt of such a representation, the second respondent is directed to draw the samples from the Consignment(s) /goods / Containers in question and forward the same to the Notified Laboratory for their report, within a period of one week thereafter. The Notified Laboratory is directed to submit a report to the concerned authority within a period of one week thereafter. After receipt of the report to be given by the Laboratory Authorities, the respondents are directed to consider the above claim of the petitioner and pass appropriate orders. - Petition disposed of - Writ Petition No. 11543 of 2016 and W. M. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her countries. After being satisfied about the quality and fresh nature of crops, they placed orders for 56 Metric tonnes of Iraqui Brand : IBN JAWAHAR brand high quality Wet Dates of Iraq origin, packed in 10 kgs cartons containing 5600 carton boxes. These 5600 carton boxes were stuffed in two containers bearing Nos.ATKU 9601120 and CAZU 8081532. The petitioner has engaged the services of CHA viz., M/s.Accord Logistics (India) Pvt. Ltd., for the clearance of the goods. They were consigned from the port of Jabel Ali / Dubai to the port of Tuticorin / India by vessel 'Rajiv Gandhi'. When the above said consignments arrived at Tuticorin Port, the Bill of entry No.3285046 dated 17.11.2015 was ordered to be examined by Examination Order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Dubai Government will prove that it is fit for human consumption. The second respondent failed to examine the goods properly and they have not sent the goods for laboratory test to find out the fitness of the Dates for human consumption. In this regard, the petitioner sent a detailed representation dated 5.3.2016 to the authorized officer, FSSAI, Chennai, the second respondent herein. But, the same has not been considered so far by the second respondent. Due to the inaction on the part of the second respondent, the petitioner has to pay huge amount towards demurrage charges for the above said two containers. (e) The petitioner has also brought to the notice of the second respondent that they are not familiar with FSSAI label Stand ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d Water, Dubai gave Phyto Sanitary Certificate for re-export and again, on arrival of the said Consignment, the Government of India, Ministry of Agriculture, Department of Agriculture and Co-operation, Directorate of Plant Protection, Quarantine and Storage, examined and recommended for release of the Consignment. Unless the samples from the above two Containers, namely ATKU 9601120 and CAZU 8081532 are sent for Laboratory Test, they will not be cleared. In spite of the petitioner's request on 5.3.2016 for drawing the samples and to send them for Lab Test, the second respondent has not taken action. Since the petitioner has been incurring demurrage charges and as the goods imported, namely, Dates, being agricultural products, are perish ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order. On receipt of such a representation, the second respondent is directed to draw the samples from the Consignment(s) /goods / Containers in question and forward the same to the Notified Laboratory for their report, within a period of one week thereafter. The Notified Laboratory is directed to submit a report to the concerned authority within a period of one week thereafter. After receipt of the report to be given by the Laboratory Authorities, the respondents are directed to consider the above claim of the petitioner and pass appropriate orders, on merits and in accordance with law and also by taking note of the recommendations already made by the Government of India and dispose of the said representation, within a period of two weeks ..... X X X X Extracts X X X X X X X X Extracts X X X X
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