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TMI Blog2006 (12) TMI 530X X X X Extracts X X X X X X X X Extracts X X X X ..... home consumption. 2. The case of the petitioner is that, in pursuance of a contract, the foreign seller shipped 478 MT of vanaspati and also sent invoices, supplied certificate of origin and certificate of quality etc. The goods were loaded at the Port of Colombo, Sri Lanka, and to be discharged at the Port of Kandla, Gujarat, India. The said consignment containing 12 containers was discharged at the Port of Kandla on 13th April 2006 and, since the nature of the imported goods being edible, the sample was drawn by the Public Health Officer for testing whether the subject goods are fit for human consumption or not. Two bills of entry bearing Nos. 144405 dated 17th April 2006 and 145065 dated 20th April 2006 were filed seeking clearance of the goods for home consumption. The sample drawn by the Public Health Officer, Kandla was sent for testing to the Food & Drugs Laboratory, Baroda, and, by report dated 23rd April 2006, it was opined that the Hydrogenated Vegetable Oil (Vanaspati Ghee) conforms to standards as per the provisions of the Prevention of the Food Adulteration Rules, 1955 and the melting point was found to be 39.30 degree centigrade. However, the Chemical Examiner of Cu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he goods shall be allowed. The learned counsel has submitted that, as per the catena of decisions of the Apex Court, the circulars issued by the Board are binding on the authorities below and urged that, in the present case, since there are two different reports showing a marginal difference about the melting point, this Court may be pleased to issue an appropriate direction to the authorities to release the goods for reprocessing by imposing suitable conditions. 6. The respondents have filed affidavitinreply wherein, it is contended that this petition filed at the stage of show cause notice is not maintainable in view of the decision of the Apex Court in the case of Special Director and another vs. Mohd. Ghulam Ghouse and another, reported in [2004] 3 Supreme Court Cases 440, wherein, the Apex Court has deprecated the practice of High Courts entertaining writ petitions questioning legality of show cause notice stalling enquiries as proposed, which may retard investigative process to find out the actual facts. It is also contended that, in the present case, exercise of power by the respondentsauthorities is in accordance with the law as laid down by the Apex Court a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er are seized, therefore, learned counsel for the respondents was directed to give exact details of the cases where reprocessing has been permitted by the different authorities at different ports. In pursuance of our directions, learned counsel for the respondents has submitted the details, and for ready reference which reads as under : Sr. No Date / Reference Party Name Name of Port Product 1. Bill of Entry No.18931 and 18932 dated 8.10.03 Ruchi Soya Ind. Ltd Kandla Crude Palm (edible grade) 2. Order dtd 21.5.02 bearing F. No .S 202Gr.I(P)/65/ 2002A Ruchi Soya Ind. Ltd Kolkata Crude Palm oil (edible grade) 3. Order dtd 20.1.05, 10.2.05, 23.2.05 bearing F. No. MISC / DEPB / 26 / 2005, GR7B Ruchi Health Foods Ltd. Chennai Palm Kernal oil 4. Order dtd. 22.2.06 passed by Hon'ble High Court of Kolkata in WP No.158 / 06 Teej Impex Pvt. Ltd. Kolkata Hydrogenated Vegetable Oil (Vanasapati) 5. Order dt.10.5.06 bearing F. No. MISC/38 & 39 / 2006 / GRI M/s. Sankh Impex Pvt. Ltd. Chennai Hydrogenated Vegetable Oil (Vanasapati) Learned counsel for the respondents has not disputed the fact that in some cases though the Law is same, some autho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and Family Welfare and, in their opinion, in proper cases, if the Court is satisfied, reprocessing is permissible. The relevant part of Circular dated 6.11.2006 reads as under: "According to Ministry of Health & Family Welfare, as per practice, reprocessing has been permitted in following circumstances: (i) A case under relevant provisions of PFA Act has been registered, the food article in question has been forfeited to the Government and the person concerned has been convicted by the appropriate court. (ii)The Court is satisfied that the article of food in question can be made to conform prescribed standards for human consumption after reprocessing. (iii)Having been so satisfied the court has to order for the article of food in question to be returned to the owner (on his executing a prescribed bond) for such reprocessing." In view of Circular dated 6.11.2006, now, we have to see whether permission for reprocessing can be given in this case. 12. Permission for reprocessing has been denied only on the ground that the Custom House Laboratory, Kandla and the Central Food Laboratory, Pune, on testing of sample of imported vanaspati ghee, found melting point at 42 degree cen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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