MAKE INDEX IMPEX Vs. UNION OF INDIA

JUDGEMENT

(1.) On the backdrop of the earlier orders, we have heard learned counsel for the parties. We have also perused the laboratory reports of Geo Chem Laboratories Pvt. Ltd. as annexed to the reply Affidavit filed on behalf of Respondent No.7 the Food Safety and Standards Authority of India (for short "the FSSAI"). We have also perused the laboratory report of the Kochi Laboratory relied on behalf of the Customs.

(2.) Insofar as the stand taken by the Genetic Engineer Appraisal Committee (GEAC) is concerned, it clearly appears from its Affidavit that such a committee has nowhere come to any final conclusion in regard to the clearance of these goods on the parameters being followed by it under para 6 of ITC (HS), 2017, Schedule 1 - Import Policy, (General Notes regarding Import Policy), as set out in para 5 of its Affidavit. The GEAC is dependent on the test which would be undertaken by the FSSAI.

(3.) We have perused the Affidavit of Dr. Krishna Methekar filed on behalf of the FSSAI dtd. 17/3/2023. In para 4(vii), the following statement is made in regard to the Petitioner's consignment of Soybean.