M/S. ARAVINDH LEATHER CORPORATION, REP. BY ITS PARTNER A.RAJA MOHAN, OLD NO.24, NEW NO.57, KATTUR SADAYAPAN STREET, PERIAMET, CHENNAI 600 003 Vs. THE GOVERNMENT OF INDIA, REP. BY ITS SECRETARY, MINISTRY OF AGRICULTURE AND FARMERS WELFARE, NEW DELHI

JUDGEMENT

(1.) The petitioner has come forward with the writ petition seeking a Mandamus directing the second respondent to send the sample pieces in respect of the finished leathers imported by the petitioner firm and forwarded by the Customs Authorities to him, for testing for ANTHRAX to the Central University Laboratory at Madhavaram.

(2.) According to the petitioner, they are importing finished leathers from various countries. In the present case, they have imported finished leathers from Japan (Finished Cow Split Leathers) as per invoice dated 09.06.2016. The container containing the Finished Cow Split leathers arrived at Chennai Harbour on 12.07.2016 and the Customs Department issued a Bill of Entry for home consumption dated 28.07.2016 noting that Animal Quarantine and Certification Services (AQCS) is pending for clearance.

(3.) According to the petitioner, since the goods are subjected to clearance and no objection by AQCS, of which the second respondent is the authority, a sample piece was drawn at random by the Customs Authorities for certification and it was sent to the second respondent on 23.08.2016. Further, according to the petitioner, as per Economic Partnership Agreement between India and Japan, Health Certificate is not necessary from the Exporting country viz., Japan in this case, for finished leathers and similarly it is quid pro quo. Therefore, in the absence of health certificate for finished leathers, which is not mandatory, the only option left for the second respondent is to get the goods tested for ANTHRAX and if the test being positive, the second respondent is not bound to give NOC and if the test for ANTHRAX is negative, then he is bound to give NOC.