High Court orders independent wheat analysis at Central Food Lab, Mysore. Petitioner to bear costs. No auction until report. The High Court directed the second respondent to send wheat samples for independent analysis to the Central Food Laboratory, Mysore, allowing the ...
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High Court orders independent wheat analysis at Central Food Lab, Mysore. Petitioner to bear costs. No auction until report.
The High Court directed the second respondent to send wheat samples for independent analysis to the Central Food Laboratory, Mysore, allowing the petitioner to prove the quality. The petitioner was instructed to bear expenses for the analysis, and goods were not to be auctioned until the report was received, with demurrage costs the petitioner's responsibility.
Issues: 1. Discrepancy in analysis of imported wheat samples. 2. Request for independent analysis of wheat samples. 3. Legal provisions for obtaining independent analysis. 4. Court's direction on further action and expenses.
Analysis: 1. The petitioner, a company dealing in cereals, imported Australian Premium White Wheat. Out of 40 containers imported, 5 were cleared, but the remaining 35 containers did not meet PFA standards due to excess Chlorpyriphos. The petitioner disputes this finding.
2. The petitioner requested the second respondent to send a representative sample for analysis to the Central Food Laboratory, Mysore, but the request was declined citing lack of legal provision. The petitioner filed a writ petition seeking direction for independent analysis of the wheat samples.
3. The High Court noted that the analysis reports indicated non-compliance with PFA standards, preventing clearance of the goods. However, the court acknowledged the petitioner's right to prove the wheat's quality through an independent laboratory. Since there was no statutory prohibition, the court directed the second respondent to send samples for analysis to the Central Food Laboratory, Mysore.
4. The court ordered the petitioner to bear all expenses for the independent analysis and instructed that the goods should not be auctioned or disposed of until the analysis report is received. Additionally, any demurrage incurred during this period would be the petitioner's responsibility. The writ petition was disposed of with these directions for further action.
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