High Court challenges Customs' decision on Myanmar Black Mtape import The High Court of Calcutta heard a writ petition challenging the Customs Authorities' decision to withhold the release of ten consignments of Black Mtape ...
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High Court challenges Customs' decision on Myanmar Black Mtape import
The High Court of Calcutta heard a writ petition challenging the Customs Authorities' decision to withhold the release of ten consignments of Black Mtape of Mayanmar Origin imported by the petitioner. The consignment failed to meet the mineral matter parameters specified in the Food Safety and Standards Regulations. The Court expressed difficulty in determining the accuracy of the reports without affidavits and assessing the feasibility of cleaning the consignment to meet the standards. The petitioner's request for an interim order was declined due to lack of clarity on cleaning facilities within the customs area. An affidavit in opposition was directed to be filed, and the writ application was scheduled for further consideration.
Issues involved: Detention of consignment of Black Mtape of Mayanmar Origin by Customs Authorities due to failure to clear test for mineral matter parameters under Food Safety and Standards Regulations.
Summary:
The High Court of Calcutta heard a writ petition challenging the Customs Authorities' decision to withhold the release of ten consignments of Black Mtape of Mayanmar Origin imported by the petitioner through the Haldia Port. The consignment was detained as it did not meet the mineral matter parameters specified in the Food Safety and Standards Regulations for Black Mtape. Despite the petitioner's application for testing at the Central Food Laboratory, the consignment still failed to clear the test due to higher mineral matters than the prescribed limit. The Court expressed difficulty in determining the accuracy of the reports without affidavits and assessing the feasibility of cleaning or sorting the consignment to meet the standards. The petitioner's request for an interim order was declined at this stage due to lack of clarity on cleaning facilities within the customs area.
The petitioner argued that the issues in this case were similar to another case where an interim order was granted, but the Court emphasized that an interim order does not set a precedent unless circumstances are identical. The Court noted that the Authorized Officer did not support the petitioner's case in this instance, unlike in the previous case where removal of foreign matter was deemed permissible. An affidavit in opposition was directed to be filed by a specified date, and the writ application was scheduled for further consideration. The Court also allowed the petitioner to file an affidavit in reply if deemed necessary. An urgent certified copy of the order was to be provided to the parties upon compliance with formalities.
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