Calcutta High Court
M/S. Murablack Vyapaar Pvt. Ltd. & Anr vs Chief Commissioner Of Customs & Ors on 8 March, 2011
Author: Indira Banerjee
Bench: Indira Banerjee
WP No. 258 of 2011
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
ORIGINAL SIDE
M/s. Murablack Vyapaar Pvt. Ltd. & Anr.
Versus
Chief Commissioner of Customs & Ors.
Before:
The Hon'ble Justice Indira Banerjee
Date: 8th March 2011
Appearance:
Mr. Raj Kumar Sharma, Advocate
appears for the petitioners
Mr. N. C. Roychoudhury, Sr. Advocate
Mr. P. D. Mukherjee, Adovcate
appear for the respondents
The petitioner no.1 claims to have imported 950 cartons of "Vegfresh" Brand Tropical Fruit Cocktail in Lightsyrup and "Vegfresh" Brand Baby Corn in Brine from Thailand on 29th November 2010. The said goods arrived on the vessel Reflection V.034. The petitioner filed bills of entry and other relevant documents. The containers were unloaded. The samples were drawn and sent for testing, but the same did not conform to the standards as laid down in the Prevention of Food Adulteration Rules, 1955. The petitioners contend that the goods ought to be retested. A similar writ application being WP No. 847 of 2007 (M/s. Murablack Vyapaar Private Limited vs. Union of India) was disposed of by His Lordship the Hon'ble Justice Soumitra Pal by directing the competent 2 officers of the customs to draw samples from the consignment in question within two days from the date of communication of the said order in the presence of the petitioner and the respondent no. 5 in the aforesaid writ petition, and to send the same to the Central Food Laboratory, Kolkata for retesting and report within the time stipulated in the order.
There will be a similar order in this case. The writ application is disposed of by directing the customs authorities to have samples drawn from the consignment in question in presence of the petitioner and to send the samples for retesting to the Central Food Laboratory. The Central Food Laboratory shall retest the samples and give its report to the Port Health Officer with copies thereof to the petitioner and the customs authorities within three weeks from the date of testing.
Affidavits not having been called upon, the allegations in the writ petition shall be deemed not to have been admitted.
Urgent certified photocopies of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Indira Banerjee, J) R. Bose AR(C.R.)