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TMI Blog2016 (8) TMI 529X X X X Extracts X X X X X X X X Extracts X X X X ..... in-question of the imported frozen fish of the petitioner immediately, subject to payment of the incidental expenses of the laboratory tests carried out by the respondents – immediate release granted – payment of laboratory charges by appellant – appeal disposed off – decided in favor of appellant. - WRIT PETITION No. 33291/2016 (T-TAR) - - - Dated:- 20-7-2016 - Dr. VINEET KOTHARI J. ORDER Mr. S Parthasarathi, Adv. for Petitioner. Mr. Jeevan J Neeralgi, Adv. for Respondent No.1. Mr. Prabhuling. K. Navadgi, Asst. Solicitor Gen. for Mrs. Anupama Hegde, Adv. for Respondent No.2 1. In pursuance of the interim directions of this Court, respondent No.2, the Quarantine Officer, has undertaken the tests at vario ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 001 (page 26 of the writ petition) by which the Central Government has notified that the words livestock product shall cover products, eggs and seeds of all aquatic animals including fish, crustaceans and molluses and therefore, no such requirement of obtaining advance SIP could be insisted upon by the Respondent Authority muchless ordering the deportation/destruction of the consignment. He also submitted that in the previous such imports of Frozen Fish, instead of insisting upon the advance SIP for that purpose, the petitioner itself offered the sample for checking of the Froze n Fish to avoid health hazard to the consumers within our country India and the petitioner is ready and willing to offer the samples of the present consignm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed 06.06.2016 shall remain stayed, subject to the following conditions: i) That the petitioner shall permit and allow the first Respondent/Deputy Commissioner and Quarantine Officer to undertake the lab test or medical examination of the samples of the imported consignment in question and if after such examination, a requisite health certificate is issued by the concerned Quarantine Officer, not finding any adverse elements in the imported consignment, which may be likely to cause any health hazard to the consumers of the said Frozen Fish in India, then, the clearance of the consignment in question may be issued, subject to the payment of the applicable customs duty in favour of the petitioner. ii) If any adverse medical report i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case again be listed before the Court on 18.7.2016. By that time, the respondents will definitely complete all the requisite formalities and testing and will furnish their report to the petitioner as well as before this Court. The necessary orders for release of the consignment as per the previous order dated 16th June 2016 will be passed on the next date. Before the next date, the respondents will also file their statement of objections, with an advance copy to the learned counsel for the petitioner, and the learned counsel for the petitioner may file rejoinder to the same and thus the pleadings should be completed before the next date. Put up on 18.7.2016. 2. The respondent No.2 has filed a memo dated 18.07.2016, in which, it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ability to carry out the tests listed under the Office International Epizooties (OIE) by the World Organisation of Animal Health. The ICAR-National Bureau of Fish Genetic Resources, Lucknow, by its report dated 16.07.2016 has certified that the consignment is free from 5 OIE listed diseases. The Central Institute of Fisheries Technology, Cochin by its report dated 15.07.2016 has certified that the consignment under question is free from pathogens with respect to the general microbiological parameters regarding the frozen fish. 3. It is submitted that the said reports are placed on record at Document No.1 and Document No.2 respectively, as directed by this Hon ble Court, and it is prayed that further orders may be passed in the instant ..... X X X X Extracts X X X X X X X X Extracts X X X X
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