M MOHAMMED Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner has filed this Writ Petition for issuance of a Writ of Certiorarified Mandamus to quash the proceedings of the third respondent, dated 19.06.2014, imposing a condition on the petitioner to obtain No Objection Certificate from the second respondent and for a consequential direction to release consignment covered under bill of entry BE No. 5853707, dated 19.06.2014.

(2.) THE petitioner filed bill of entry dated 19.06.2014 for clearance of 50.94 Metric Tones of Areca Nuts (Betel Nuts) classifying the product under (CTH) -08028010 and tariff item 50.940000. The goods were from Sri Lanka and to support the same, the petitioner relies upon the Certificate of Origin issued by the exporter dated 16.06.2014. On examination, the third respondent filed a report dated 19.06.2014, imposing the condition that the petitioner must obtain a certificate from the second respondent under the provisions of Food Safety and Standards (Food Products Standards and Food Additives) Regulation.

(3.) THE learned counsel appearing for the petitioner after elaborately referring to the factual situation invited the attention of this Court to the decision of the Hon'ble Division Bench of the High Court of Kerala and submitted that the test contemplated under the Prevention of Food Adulteration Act and Food Safety & Standards Act being identical and the decision of the Hon'ble Division Bench of the Kerala High Court squarely applies to the case of the petitioner and that the petitioner having imported betel -nuts in un -garbled form, cannot be compelled to obtain a No Objection Certificate/Test Report from the second respondent. The learned counsel further submitted that the decision of the Hon'ble Division Bench of the Kerala High Court has been followed by the learned Single Judges of the Kerala High Court in the Writ Petitions.