ADANI WILMAR LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is directed against the action of the Customs Authorities in withholding release of ten consignment of Black Mtape of Mayanmar Origin weighing about 239.861 MT imported by the petitioner into India through the Haldia Port under Bill of Entry No. 5085784 dated 2nd November, 2011. Almost six months having elapsed, this Court is not inclined to pass any interim order at this stage. This Court deems it appropriate that the writ petition should be finally disposed of upon affidavits.

(2.) In any case, the consignment in question has been detained as the consignment failed to clear the test, the same being not in conformity with the mineral matter parameters as given in item no.7 of Food Safety and Standards Regulations for Black Mtape. A copy of the report of the food analyst has been annexed to the writ petition. On the application of the petitioner the Central Food Laboratory, tested the sample but the consignment again failed to clear the test. The report indicates that mineral matters were higher than the prescribed limit. There may have been some discrepancies in different reports, but it is difficult to conceive how this Court can decide which of the reports is correct and which is wrong and that too at this stage without calling for affidavits. Without calling for affidavits it is also not possible to decide whether the consignment can be cleaned or sorted out to bring the same to conform to standards, as contended by the petitioner. The petitioner has not clearly indicated where such sorting out or cleaning would be done.

(3.) There is not a whisper in the petition of whether there are facilities for such cleaning/sorting within the customs area, where the goods might now be lying. The prayer for interim order is, therefore, declined at this stage.