Kerala High Court
M/S. Varsha Fresh Meat Products Private ... vs Union Of India on 21 February, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:15435
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 21ST DAY OF FEBRUARY 2025 / 2ND PHALGUNA, 1946
WP(C) NO. 5976 OF 2025
PETITIONER:
M/S. VARSHA FRESH MEAT PRODUCTS PRIVATE LIMITED
AGED 44 YEARS
OFFICE AT XI/957,
M.PUDUR, MUTHALMADA P.O GOVINDAPURAM,
PALAKKAD DISTRICT KERALA,PIN - 678507
REPRESENTED BY ITS MANAGER,
R. ALAIRAJ,
BY ADVS.
ALIAS M.CHERIAN
K.M.RAPHY
BRISTO S PARIYARAM
MINNU DARWIN
RESHMA RAJESH
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, PIN - 110001
3 THE COMMISSIONER OF CUSTOMS (PREVENTIVE)
5TH FLOOR, CATHOLIC CENTRE BROADWAY,
ERNAKULAM, PIN - 682031
4 THE ADDITIONAL COMMISSIONER OF CUSTOMS
2025:KER:15435
W.P.(C). No.5976 of 2025
-:2:-
(PREVENTIVE)
5TH FLOOR, CATHOLIC CENTRE BROADWAY,
ERNAKULAM, KOCHI, PIN - 682031
5 THE ASSISTANT COMMISSIONER OF CUSTOMS (PREVENTIVE)
5TH FLOOR, CATHOLIC CENTRE BROADWAY,
ERNAKULAM, KOCHI, PIN - 682031
6 THE SUPERINTENDENT/SENIOR INTELLIGENCE OFFICER
OFFICE OF THE COMMISSIONER OF CUSTOMS
(PREVENTIVE), 5TH FLOOR,
CATHOLIC CENTRE BROADWAY,
ERNAKULAM, KOCHI, PIN - 682031
7 THE COMMISSIONER OF CUSTOMS
THE COMMISSIONER OF CUSTOMS,
CUSTOMS HOUSE, KOCHI, PIN - 682009
8 THE ADDITIONAL COMMISSIONER OF CUSTOMS,
THE ADDITIONAL COMMISSIONER OF CUSTOMS, CUSTOMS
HOUSE, KOCHI, PIN - 682009
9 THE DEPUTY COMMISSIONER OF CUSTOMS
THE DEPUTY COMMISSIONER OF CUSTOMS,
CUSTOMS HOUSE, KOCHI, PIN - 682009
ADV. P.G. JAYASHANKAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 21.02.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:15435
W.P.(C). No.5976 of 2025
-:3:-
BECHU KURIAN THOMAS, J.
---------------------------------------
W.P.(C). No.5976 of 2025
---------------------------------------
Dated this the 21st day of February, 2025
JUDGMENT
The learned counsel for the petitioner seeks permission to withdraw this writ petition with liberty to pursue the statutory remedies.
2. Reserving the aforesaid liberty, this writ petition is dismissed as withdrawn.
The period spent by the petitioner in pursuing this writ petition from 12.02.2025 till today shall be excluded while calculating the period of limitation.
Sd/-
BECHU KURIAN THOMAS JUDGE Jka/21.02.25.
2025:KER:15435 W.P.(C). No.5976 of 2025 -:4:- APPENDIX OF WP(C) 5976/2025 PETITIONER'S EXHIBITS 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, 2025:KER:15435 W.P.(C). No.5976 of 2025 -:5:- 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.
Exhibit P-17 TRUE COPY OF THE JUDGMENT DATED 24/01/2025 IN WP ( C) NO. 46819 OF 2024 PASSED BY THIS HON'BLE COURT.
Exhibit P-18 TRUE COPY OF THE REPRESENTATION DATED 29/01/2025 ADDRESSED TO THE 7TH 2025:KER:15435 W.P.(C). No.5976 of 2025 -:6:- RESPONDENT BY THE PETITIONER.
Exhibit P-19 TRUE COPY OF THE MAIL COMMUNICATION DATED 29/01/2025 ADDRESSED TO THE MAIL - ID OF THE 7TH RESPONDENT.
Exhibit P-20 TRUE COPY OF THE NOTICE C.NO.VIII/26/31/2024-CCP PREV DATED 31/01/2025 ISSUED BY THE 5TH RESPONDENT.
Exhibit P-21 TRUE COPY OF THE ORDER F.NO.CUS/ASS/MISC/103/2025-EA DATED 29/01/2025 PASSED BY THE 8TH RESPONDENT.
Exhibit P-22 TRUE COPY OF CERTIFICATE NO.
INAABCV8743K2F225 DATED 31/03/2022 ISSUED BY THE DIRECTORATE OF INTERNATIONAL CUSTOMS, GOVERNMENT OF INDIA.