WAQT IMPEX PVT LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) The Court : The petitioner in this Art. 226 petition dated May 14, 2009 is alleging inaction on the part of the customs and seeking a mandamus commanding the customs to permit it to affix the best before or expiry date label on the tins containing the food articles sought to be imported into the country.

(2.) On the ground that the tins containing the food articles sought to be imported into the country did not bear the best before or expiry date label, the official concerned did not draw samples for testing whether the food articles are fit for human consumption. Under the circumstances, the petitioner submitted a representation dated April 17, 2009, Annexure P9 at p. 62, requesting the Commissioner of Customs (Port) to permit it to affix the requisite label on the tins. Since the official did not give any attention to the request, the petitioner brought this petition.

(3.) Under an order of this court samples of the food articles concerned were drawn and sent to the appropriate laboratory for testing. Now the question is whether a mandamus is to be issued commanding the customs to permit the petitioner to affix the best before or expiry date label on the tins containing the food articles sought to be imported into the country.