Import of Hexane Liquid Chemical: Industrial vs. Food Grade Use Analysis The Gujarat High Court addressed the import of Hexane Liquid Chemical for Industrial and Food Grade purposes. The court focused on clarifying whether the ...
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Import of Hexane Liquid Chemical: Industrial vs. Food Grade Use Analysis
The Gujarat High Court addressed the import of Hexane Liquid Chemical for Industrial and Food Grade purposes. The court focused on clarifying whether the same chemical could be used interchangeably for both purposes. The writ applicants committed to using the chemical solely for Industrial purposes if allowed. The court requested CRCL to provide an affidavit and test reports to explain the certification of the chemical for Food Grade use. The case was adjourned for further submissions, emphasizing the importance of understanding and complying with the intended usage of the imported chemical.
Issues: 1. Import of Hexane Liquid Chemical for Industrial and Food Grade purposes.
Analysis: The judgment by the Gujarat High Court, delivered by Honourable Mr. Justice J.B.Pardiwala, and Honourable Ms. Justice Nisha M. Thakore, revolves around the import of Hexane Liquid Chemical by the writ applicants for both Industrial and Food Grade purposes. The court heard arguments from Mr. Mihir Joshi, representing the writ applicants, Mr. Priyank Lodha, standing counsel for respondents 2 and 3, and Mr. Nikunt Raval, standing counsel for respondent 4. The primary issue raised was the confusion regarding the usage of Hexane Liquid Chemical for different purposes, specifically Industrial and Food Grade applications.
The writ applicants had imported various consignments of Hexane Liquid Chemical, which can serve both Industrial and Food Grade purposes. Mr. Joshi contended that legal formalities must be completed if the same chemical is to be used for Food Grade purposes after being imported for Industrial use. On the other hand, Mr. Lodha and Mr. Raval argued that the imported Hexane Liquid Chemical, supposedly for Industrial use, was certified by CRCL, Vadodara, as suitable for Food Grade purposes upon analysis. They claimed that there are distinct products for Industrial and Food Grade applications.
The court emphasized the need to determine whether Hexane Liquid Chemical can be used interchangeably for Industrial and Food Grade purposes. The writ applicants assured to use it solely for Industrial purposes if permissible. Further, the court requested CRCL to provide an affidavit, signed by a responsible officer, along with test reports to clarify the basis for certifying the imported samples as suitable for Food Grade use. The matter was scheduled to be heard on 05.05.2022, with a requirement for submission of all relevant documents by 04.05.2022 to the advocate representing the writ applicants.
In conclusion, the judgment highlights the importance of understanding the nature of the imported Hexane Liquid Chemical and ensuring compliance with the intended usage, whether for Industrial or Food Grade purposes. The court's decision to seek clarification from CRCL indicates a thorough examination of the matter to determine the appropriate course of action based on the chemical's intended application.
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