PANCHAM INTERNATIONAL LTD. Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) Since issues involved are similar, the writ petitions are taken up for hearing analogously. However, for the sake of brevity, facts mentioned in W. P. No. 12 of 2010 are mentioned in this order.

(2.) In the writ petition the petitioner has prayed for a direction upon the customs authorities to release the primary food Whole Yellow peas of Ukraine origin under Bill of Entry No. 503010 dated 3rd November, 2009.

(3.) It has been stated that on or about 3rd November, 2009 the consignment in question had arrived at the port of Kolkata. Immediately thereafter Bill of Entry was filed. During appraisement the customs authorities passed an order dated 3rd November, 2009 for drawing of representative samples of the said imported consignment and testing thereof by the Port Health Officer and also sought for no objection from the Plant Quarantine authorities before assessment and clearance of the goods. I find from page-43 of the writ petition that the Plant Quarantine Station had recommended the goods for release. Be that as if may, pursuant to the directions by the customs authorities, the Port Health Officer drew samples and got the same tested first by the Export Inspection Agency. Since the petitioner was not satisfied with the first report, the Port Health Officer, Marine House, Kolkata, as evident from page-47 of the writ petition, forwarded samples of the consignment for retest at the Central Food Laboratory ("CFL" for short). CFL retested the goods as it appears from Annexure-P/5 of the writ petition. During retest the sample was found adulterated as it did not conform to the standards laid down under Item No. A.18.06.14 of Appendix-B of Prevention of Food Adulteration Rules, 1955. Being aggrieved by the result of the second test this writ petition has been filed.