Kerala High Court
M/S Ajfan Foods vs The Deputy Commissioner Of Customs on 29 June, 2011
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
WEDNESDAY, THE 26TH DAY OF MARCH 2014/5TH CHAITHRA, 1936
WP(C).No. 7389 of 2014 (W)
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PETITIONER(S):
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M/S AJFAN FOODS,
VI/708 C, GROUND FLOOR, OPPOSITE AYURVEDIC NURSING HOME,
EDARIKODE P.O., CHANGUVETTY, MALAPPURAM -676 501,
REPRESENTED BY ITS MANAGING PARTNER, N.MOHAMMEDKUTTY,
S/O.ABDURAHIMANKUTTY HAJI, AGED 56 YEARS,
RESIDINGAT NECHIKATTE HOUSE, MATTATHUR, KOTTAKKAL,
MALAPPURAM DISTRICT.
BY ADVS.SRI.T.C.SURESH MENON
SRI.P.S.APPU
SRI.A.R.NIMOD
RESPONDENT(S):
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1. THE DEPUTY COMMISSIONER OF CUSTOMS,
COCHIN CUSTOM HOUSE, WILLINGTON ISLAND,
COCHIN - 682 009.
2. THE FOOD SAFETY AND STANDARD AUTHORITY OF INDIA,
MINISTRY OF HEALTH AND FAMILY WELFARE,
GOVERNMENTOF INDIA, IST FLOOR, MARINE BUILDING,
NORTH END, WILLINGTON ISLAND,
COCHIN - 682 009. REPRESENTED BYTHE AUTHORISED OFFICER.
R1 BY ADVS.SRI.THOMAS MATHEW NELLIMOOTTIL,SC,
SRI.SAIBY JOSE KIDANGOOR
R2 BY ADVS.SRI.P.PARAMESWARAN NAIR, ASG
SRI.MEHMOOD PRACHA
SRI.PAUL JACOB
SRI.I.K.RAJU
SRI.SUMIT BABBAR
SRI.DEEPAK AGARWAL
SRI.AJAY KALRA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 26-03-2014, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
PJ
WP(C).No. 7389 of 2014 (W)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXT.P-1: TRUE COPY OF THE CERTIFICATE OF IMPORTER - EXPORTER CODE
ISSUED FROM THE OFFICE OF THE DIRECTOR GENERAL OF FOREIGN
TRADE, GOVERNMENT OF INDIA DATED 29.6.2011
EXT.P-2: TRUE COPY OF THE BILL OF ENTRY IN RESPECT TO THE
CONSIGNMENT VIDE NO.4481029 DATED 28.1.2014
EXT.P-3: TRUE COPY OF THE PACKING LIST IN RESPECT TO THE COMMODITY
DATED 17.12.2013
EXT.P-4: TRUE COPY OF THE REJECTION REPORT PASSED BY THE 2ND
RESPONDENT DATED 28.1.2014
EXT.P-5: TRUE COPY OF THE CERTIFICATE DATED 9.2.2014
EXT.P59A): TRUE COPY OF THE CERTIFICATE DATED 9/2/2014
EXT.P-6: TRUE COPY OF THE LETTER ADDRESSED TO THE 2ND RESPONDENT
DATED 11.2.2014
RESPONDENT(S)' EXHIBITS
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NIL.
/ TRUE COPY /
P.S. TO JUDGE
PJ
A.MUHAMED MUSTAQUE, J.
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W.P.(C).No.7389 of 2014
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Dated this the 26th day of March, 2014
J U D G M E N T
The petitioner imported dates from Saudi Arabia as per Ext.P2. The first respondent detained the dates imported by the petitioner for want of non compliance of Food Safety and Standards (Packaging and Labelling) Regulations, 2011. The learned counsel for the petitioner submits that the first respondent detained such imported goods on the basis of rejection report issued by the second respondent as evident from Ext.P4. The petitioner in this writ petition is seeking to quash Ext.P4 and for a direction to the second respondent to send the dates for inspection and verification by the authorised officer under the second respondent to find out whether the dates are fit for human consumption. However, the learned Standing Counsel for the the respondents vehemently opposed that on the ground that there is no provision in the regulations under the relevant Act or Rules for such inspection and verification. The learned counsel for the petitioner, therefore, limited his request to permit him to re-export the goods detained as per Ext.P4.
In the light of the above, this Court is of the view that the petitioner W.P.(C).No.7389 of 2014 -:2:- can be permitted to re-export the goods imported by him, as covered by Ext.P2, after complying with all the statutory formalities in relation to re- export. If such request is made, the respondents shall permit the petitioner to re-export, without any further delay.
The writ petition is disposed of as above.
Sd/ A.MUHAMED MUSTAQUE, JUDGE ms