M/S.Amrut Distilleries Limited v. The Authorised Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.A.No.694 OF 2015 M/s.Amrut Distilleries Ltd., rep. By its Company Secretary K.Viswanathan ...

Appellant versus 1.The Authorized Officer, Chennai Seaport & Airport Food Safety and Standards Authority of India, O/o the Deputy Director, Rajaji Bhavan, Beasant Nagar, Chennai 600 090 2.The Deputy Commissioner of Customs (Docks Seaport), Customs House, No.60 Rajaji Salai, Chennai 90 ...

Respondents Appeal filed against the order passed by this Court dated 19.3.2015 passed in W.P.No.33478 of 2014.

Prayer in WP 33478/2014 This Writ Petition is filed under Article 226 of the constitution of India praying for the issuance of Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order dated 15.10.2014 passed by the 1st respondent in F.No.R12/ 2014/FSSAI/ CHN-IMPORT and quash the same and further direct the 1st respondent to send appropriate report under the Foods Safety and Standards Act 2006 and the Rules and Regulations made thereunder to the 2nd respondent to enable the petitioner to clear the goods covered by Bill of Entry No.6898217 dated 26.9.2014 for home consumption. For appellant : Mr.Hari Radhakrishnan For Respondents : No appearance https://hcservices.ecourts.gov.in/hcservices/

J U D G M E N T

(made by K.K.SASIDHARAN, J.) The learned counsel for the appellant has made an endorsement indicating that he is withdrawing the appeal with liberty to take up all contentions before the Competent Authority in case show cause notice is issued in future.

2. In view of the endorsement made by the learned counsel for the appellant, the intra Court appeal is dismissed as withdrawn. No costs. Consequently, M.P.No.1 of 2015 is also dismissed.

3. We make it clear that in case proceedings are initiated by the Competent Authority, it is open to the appellant to defend it by taking all the available defences, and the observation made in the order by the learned Single Judge would not stand in the way of taking such course.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar tar To 1.The Authorized Officer, Chennai Seaport & Airport Food Safety and Standards Authority of India, Rajaji Bhavan, Beasant Nagar, Chennai 600 090 2.The Deputy Commissioner of Customs (Docks Seaport), Customs House, No.60 Rajaji Salai, Chennai 90.

+1cc to Mr.Hari Radhakrishnan, Advocate, S.R.No.84665 W.A.No.694 OF 2015 DK(CO) RRK(05/01/2018) https://hcservices.ecourts.gov.in/hcservices/