Imported food grains may be cleaned, retested, and cleared where the governing circular permits quality correction before compliance review.

Interim relief may be granted to permit removal of foreign matter from imported food grains, followed by retesting in a recognised laboratory and customs clearance in accordance with law. The text notes that the objection based on prohibition of import under the Food Safety and Standards Act, 2006 was addressed by reference to a circular issued under section 16(5), which treated removal of foreign matter and improvement of quality as permissible. The operative effect is that clearance can proceed after the goods are cleaned, retested, and found compliant with the prescribed standards.

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Issues: Whether the petitioner should be permitted, at the interim stage, to remove foreign matter from the imported food grains, have the goods retested by a recognised laboratory, and obtain customs clearance in accordance with law.

Analysis: The request for interim relief was considered against the objection that import of such goods was prohibited under section 25 of the Food Safety and Standards Act, 2006. A statutory authority stated that the circular relied upon was issued under section 16(5) of the Food Safety and Standards Act, 2006 and that, under that circular, removal of foreign matter and improvement of the quality of the food grains was permissible. On that basis, the Court allowed the petitioner to remove the foreign matter within a fixed time, directed retesting by a laboratory recognised by the statutory authority, and required the customs authority to clear the goods thereafter in accordance with the prescribed standards and law.

Conclusion: The interim request was allowed in favour of the petitioner, subject to the directions for removal of foreign matter, retesting, and clearance in accordance with law.

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