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of <h1>Court orders release of Phosphoric Acid with sales restriction to non-food industries</h1> <h3>M/s. Pon Pure Chemical India Private Limited (Formerly M/s. Pon Pure Chem Private Ltd) Versus The Commissioner of Customs (Import) – Seaport And Ors.</h3> M/s. Pon Pure Chemical India Private Limited (Formerly M/s. Pon Pure Chem Private Ltd) Versus The Commissioner of Customs (Import) – Seaport And Ors. - ... Issues:Challenging customs proceedings for retaining a consignment and seeking direction for clearance.Analysis:The petitioner, a dealer of chemicals and dyes, imported Phosphoric Acid from Brazil but faced clearance issues for one container due to lack of certification from the Food Safety and Standards Authority of India (FSSAI). Despite representations to FSSAI and customs authorities, the consignment remained uncleared. A previous writ petition directed the authorities to review the representation, leading to the fourth respondent's order rejecting it on 11.11.2015, prompting the current writ petition.The petitioner, in an affidavit, undertook to sell the goods only to non-food manufacturing industries listed in the affidavit. Acknowledging this undertaking, the court directed immediate release of the consignment, subject to the petitioner providing a proof report to the authorities. The order emphasized that any violations discovered by the authorities could lead to legal action against the petitioner. The writ petition was disposed of with no costs, and related petitions were closed accordingly.
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