AJFAN FOODS Vs. DY. COMMISSIONER OF CUSTOMS, COCHIN

JUDGEMENT

(1.) The petitioner imported dates from Saudi Arabia as per Ext. P2. The first respondent detained the dates imported by the petitioner for want of non -compliance of Food Safety and Standards (Packaging and Labelling) Regulations, 2011. The learned counsel for the petitioner submits that the first respondent detained such imported goods on the basis of rejection report issued by the second respondent as evident from Ext. P4. The petitioner in this writ petition is seeking to quash Ext. P4 and for a direction to the second respondent to send the dates for inspection and verification by the authorised officer under the second respondent to find out whether the dates are fit for human consumption. However, the learned Standing Counsel for the respondents vehemently opposed that on the ground that there is no provision in the regulations under the relevant Act or Rules for such inspection and verification. The learned counsel for the petitioner, therefore, limited his request to permit him to re -export the goods detained as per Ext. P4. In the light of the above, this Court is of the view that the petitioner can be permitted to re -export the goods imported by him, as covered by Ext. P2, after complying with all the statutory formalities in relation to re -export. If such request is made, the respondents shall permit the petitioner to re -export, without any further delay.

(2.) The writ petition is disposed of as above.