UMA EXPORTS LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) In this Writ Petition, the Petitioner has come to this Court with the prayer that the Respondents be directed not to withhold the grant of permission for cleaning/sorting the materials in question so that the Petitioners can take clearance and get the imported consignment of Black Matpe of Myanmar Origin under Bill of Entry No. 9776213 dated 5th April, 2013, released.

(2.) It is the case of the Petitioner that in its usual course of business, the Petitioner imported 10 consignments of Black Matpe of Myanmar Origin, being primary "food" within the meaning of the Food Safety and Standards Act, 2006 at the Port of Kolkata on 1st April, 2013. The Petitioner, through the Customs House Agent, filed the Bill of Entry for clearance and release thereof from the Customs and they enclosed therein the necessary documents. However, during appraisement, the concerned officer of the Customs got an examination made and withheld clearance. It is stated in paragraph-8 of the Writ Petition that the report of the Food Analyst was given and the same has been brought on record, vide Annexure-"P-2". Annexure-"P-2" is at page 34 and the opinion is at page 36. The opinion says that the sample of Black Matpe was found to be non-conforming to Item No.7 of the Food Safety and Standard Regulation as it contained mineral matter exceeding the prescribed limits and it was also against the Regulations. 2011 for cereal and pulses which makes it mandatory that dead insects should not be found present.

(3.) In the opinion of this Court, when there is a report against the Petitioner, this Court would not allow the submissions of the learned Counsel for the Petitioner to the effect that the polic\ guideline of the Customs Authorities for an opportunity to be given for improvement of the food products should be given.