Kerala High Court
M/S. Varsha Fresh Meat Products Private ... vs Union Of India on 24 January, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
WP(C) No.46819/2024 1/3 Order Date : 24-01-2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
Friday, the 24th day of January 2025 / 4th Magha, 1946
WP(C) NO. 46819 OF 2024
PETITIONER:
M/S. VARSHA FRESH MEAT PRODUCTS PRIVATE LIMITED, OFFICE AT XI/957,
M.PUDUR, MUTHALMADA P.O GOVINDAPURAM, PALAKKAD DISTRICT
KERALA, REPRESENTED BY ITS DIRECTOR, ABDUL WAJID ABDUL REHMAN
SHAIKH, AGED 62 YEARS, S/O ABDUL REHMAN SHAIKH RESIDING AT FLAT NO.
1205, C-WING 12TH FLOOR, PALM BEACH RESIDENCY AMEAY CHS, PLOT
NO.24-29, SECTOR 4, NERUL, NAVI MUMBAI, THANE, MAHARASHTRA, PIN -
400706
RESPONDENTS:
1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE,
UNDER MINISTRY OF FINANCE, ROOM NO. 129-A, NORTH BLOCK, NEW DELHI,
PIN - 110001
2. THE CHAIRMAN, CENTRAL BOARD OF EXCISE AND CUSTOMS, DEPARTMENT OF
REVENUE, UNDER MINISTRY OF FINANCE, J684+843, NORTH BLOCK, CENTRAL
SECRETARIAT, NEW DELHI, DELHI, PIN-110001
3. THE COMMISSIONER OF CUSTOMS (PREVENTIVE), 5TH FLOOR, CATHOLIC
CENTRE, BROADWAY, ERNAKULAM, KOCHI, PIN - 682031
4. THE ASSISTANT COMMISSIONER OF CUSTOMS (PREVENTIVE), 5TH FLOOR,
CATHOLIC CENTRE BROADWAY, ERNAKULAM, KOCHI, PIN - 682031
5. THE SUPERINTENDENT/SENIOR INTELLIGENCE OFFICER, OFFICE OF THE
COMMISSIONER OF CUSTOMS (PREVENTIVE), 5TH FLOOR, CATHOLIC CENTRE,
BROADWAY, ERNAKULAM, KOCHI, PIN-682031
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the 3rd respondent to permit the petitioner to shift the
goods seized under Ext.P10 to a cold storage to keep the goods till the
proceedings of the respondents 3 to 5 are completed, pending disposal of
the above writ petition.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
20.01.2025, upon hearing the arguments of M/S ALIAS M.CHERIAN, K.M.RAPHY,
BRISTO S PARIYARAM, AJAI ALIAS CHALAPPURAM, AMEERA JOJO & MINNU DARWIN,
Advocates for the petitioner, SRI.P.G. JAYASHANKAR, Advocate for the
respondents, the court passed the following:
WP(C) No.46819/2024 2/3 Order Date : 24-01-2025
BECHU KURIAN THOMAS, J.
......................................................
W.P.(C) No.46819 of 2024
...................................................
Dated this the 24th day of January, 2025
ORDER
Having heard the matter for some time, it became obvious that the Commissioner of Customs is a necessary party in this case. Hence, I suo motu implead " The Commissioner of Customs, Customs House, Kochi- 682 009" as additional 6th respondent in this writ petition.
Registry is directed to make necessary amendments to the cause title.
2. Learned Standing Counsel takes notice for the additional 6 th respondent.
sd/-
BECHU KURIAN THOMAS JUDGE AMV/24/01/2025 WP(C) No.46819/2024 3/3 Order Date : 24-01-2025 APPENDIX OF WP(C) 46819/2024 Exhibit P-1 TRUE COPY OF CERTIFICATE OF INCORPORATION NO.
U15116KL2003PLCO15943 DATED 10/02/2003 ISSUED BY THE REGISTRAR OF COMPANIES Exhibit P-2 TRUE COPY OF CERTIFICATE OF IMPORTER- EXPORTER CODE BEARING NO. KOCIECPAMEND00004903AM24 ISSUED ON 22/06/2023 BY THE GOVERNMENT OF INDIA. Exhibit P-3 TRUE COPY OF REGISTRATION - CUM- MEMBERSHIP CERTIFICATE BEARING REGISTRATION NO. 154262 ISSUED ON 02/02/2024 FROM THE AGRICULTURAL AND PROCESSED FOOD PRODUCTS EXPORT DEVELOPMENT AUTHORITY/APEDA, KOCHI. Exhibit P-4 TRUE COPY OF FORM C LICENSE NO. 1132499900054 ISSUED ON 25/01/2024 BY THE FOOD SAFETY AND STANDARD AUTHORITY OF INDIA, CHENNAI Exhibit P-5 TRUE COPY THE INVOICE NO. EXP/VFMPL/078/2024-25 DATED 11/12/2024 ISSUED BY THE PETITIONER. Exhibit P-6 TRUE COPY OF THE PACKING LIST NO. EXP/VFMPL/078/2024-25 DATED 11/12/2024 ISSUED BY THE PETITIONER Exhibit P-7 TRUE COPY OF THE HEALTH CERTIFICATE NO. HCM/KE01/2024- 25/00095 DATED 03/12/2024 ISSUED BY THE VETERINARY SURGEON, DEPARTMENT OF ANIMAL HUSBANDRY, GOVERNMENT OF KERALA Exhibit P-8 TRUE COPY OF THE PRE-SHIPMENT CERTIFICATE FOR FROZEN BONELESS BUFFALO MEAT NO. HCM/KE01/2024-25/00095 DATED 03/12/2024 ISSUED BY THE VETERINARY SURGEON, DEPARTMENT OF ANIMAL HUSBANDRY, GOVERNMENT OF KERALA Exhibit P-9 TRUE COPY OF SHIPPING BILL SUMMARY BEARING NO. 6388397 DATED 12/12/2024 ISSUED FROM THE OFFICE OF THE CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS, COCHIN. Exhibit P10 TRUE COPY OF THE SEIZURE MEMO BEARING NO.
VIII/26/31/2024 CCP PREV DATED 26/12/2024 ISSUED BY THE 5TH RESPONDENT.
Exhibit P-11 TRUE COPY OF THE SUMMONS NO. VIII/26/31/2024 CCP PREV DATED 26/12/2024 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER Exhibit P-12 TRUE COPY OF MAHAZAR DATED 26/12/2024 PREPARED AND ISSUED BY THE SUPERINTENDENT OF CUSTOMS (PREVENTIVE), THRISSUR Exhibit P-13 TRUE COPY OF PETITION DATED 30/12/2024 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT.
Exhibit P-14 TRUE COPY OF CIRCULAR NO. 01/2011 - CUSTOMS DATED 04/01/2011 ISSUED BY THE 2ND RESPONDENT Exhibit P-15 TRUE COPY OF CIRCULAR NO. 30/2013-CUSTOMS DATED 05/08/2013 ISSUED BY THE 2ND RESPONDENT. Exhibit P-16 TRUE COPY OF THE SUMMONS NO. VIII/26/31/2024 CCP PREV DATED 30/12/2024 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.