Delhi High Court - Orders
M/S M.M. Traders vs Commissioner Of Customs & Ors on 17 May, 2022
Author: Rajiv Shakdher
Bench: Rajiv Shakdher
$~6 & 7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1987/2022 & CM APPL. 5721/2022
M/S M.M. TRADERS ..... Petitioner
Through: Mr Priyadarshi Manish, Ms Anjali
Jha Manish, Ms Deepali Sharma& Mr
Ritaj Kacker, Advs.
versus
COMMISSIONER OF CUSTOMS & ORS. ..... Respondents
Through: Mr Aditya Single, Sr. Standing
Counsel for R-1 & R-2.
Ms A. Sahitya Veena, Adv. for R-6.
Mr Kirtiman Singh, CGSC along
with Ms Srirupa Nag, adv for R-3.
W.P.(C) 1988/2022 & CM APPL. 5723/2022
M/S M.V. TRADERS ..... Petitioner
Through: Mr Priyadarshi Manish, Ms Anjali
Jha Manish, Ms Deepali Sharma& Mr
Ritaj Kacker, Advs.
versus
COMMISSIONER OF CUSTOMS & ORS. ..... Respondents
Through: Mr Aditya Single, Sr. Standing
Counsel for R-1 & R-2.
Ms A. Sahitya Veena, Adv. for R-6.
Mr Kirtiman Singh, CGSC along
with Ms Srirupa Nag, adv for R-3.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
HON'BLE MS. JUSTICE POONAM A. BAMBA
ORDER
% 17.05.2022 [Physical court hearing/ hybrid hearing (as per request)]
1. Mr Priyadarshi Manish, who appears for the petitioners in the above-
W.P.(C) 1987/2022 & 1988/2022 page 1 of 4 Signature Not Verified Digitally Signed By:ATUL JAIN Signing Date:18.05.2022 14:22:29 captioned matters, relies upon an order dated 20.07.2020 passed by the Joint Director (Science & Standards Division), Food Safety and Standards Authority of India [in short "FSSAI"], in support of the case set up by the petitioners. [See Annexure P-6, appended on page 81 of the case file in W.P.(C) No. 1987/2022.] 1.1. A perusal of the said order passed by FSSAI shows that the same was passed, pursuant to a direction issued by a coordinate bench of this Court via order dated 30.01.2020, passed in W.P.(C) No.13025/2018. 1.2. It appears, upon a perusal of the order passed by FSSAI [i.e., order dated 20.07.2020], that the said order came to be passed based on recommendations of a "Scientific Panel".
2. The point in issue in the instant case is : whether or not the substance in issue, which is Ethephon (Ethrel), requires a No-Objection Certificate [in short "NOC"] from respondent no.3 i.e., Central Insecticide Board & Registration Committee [in short "CIB&RC"] and registration with the said entity.
2.1. It is not in dispute that Ethrel [also known as Ethephon] is mentioned in the Schedule appended to the Insecticides Act, 1968 [in short "the 1968 Act"].
2.2. The respondents have detained the subject goods i.e., the aforementioned substance i.e., Ethephon (Ethrel) which is in powder form, on the ground that a NOC from respondent no.3/CIB&RC and registration with the said entity, has not been obtained.
W.P.(C) 1987/2022 & 1988/2022 page 2 of 4 Signature Not Verified Digitally Signed By:ATUL JAIN Signing Date:18.05.2022 14:22:29
3. It is the stand of respondent no.3/CIB&RC that a registration certificate or an import permit was required, before allowing the import of the said substance.
3.1. Mr Manish, obviously, disputes the position taken by respondent no.3/CIB&RC.
4. Before we proceed further, we would like to hear FSSAI in the above- captioned matters. This direction has also been necessitated in view of the communication dated 05.10.2021 addressed by the FSSAI to another entity i.e., Gold Ripe International Pvt. Ltd. A copy of the said communication was placed before us, in Court, by counsel for respondent no.3/CIB&RC. Although we are told that the said document has been filed, we are told that the same is lying under objection with the Registry. 4.1. Accordingly, FSSAI is arrayed as a party to the present proceedings. FSSAI will stand arrayed as respondent no.4 in the matters. 4.2. Mr Manish will take steps to file the amended memo of parties. 4.3. Notice shall issue to FSSAI, via all permissible modes, including e- mail.
5. At this stage, Mr Aditya Singla accepts notice on behalf of FSSAI.
6. FSSAI will place before the Court, inter alia, the recommendations of the Scientific Panel, which, apparently, was the edifice of the order passed by its Joint Director, which as noticed above, is dated 20.07.2020.
7. Since the respondents have already in their possession the subject substance; therefore, a sample out of the same will be handed over to respondent no.3/CIB&RC.
W.P.(C) 1987/2022 & 1988/2022 page 3 of 4 Signature Not Verified Digitally Signed By:ATUL JAIN Signing Date:18.05.2022 14:22:29 7.1. Respondent no.3/CIB&RC will get the sample tested in its laboratory and place the report before the Court, bearing in mind the provisions of Section 38(1)(b) of the 1968 Act, albeit prior to the next of hearing.
8. List the matters on 01.06.2022.
RAJIV SHAKDHER, J
POONAM A. BAMBA, J
MAY 17, 2022/manju
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W.P.(C) 1987/2022 & 1988/2022 page 4 of 4
Signature Not Verified
Digitally Signed By:ATUL
JAIN
Signing Date:18.05.2022
14:22:29