Akash Bhagwan Goswami v. Union Of India And ORS

ppn 1/4 412.wp-3907.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION by PRACHI PRANESH NANDIWADEKAR Date: 2024.07.10 11:26:31 +0530 PRACHI PRANESH NANDIWADEKAR WRIT PETITION NO.3907 OF 2024 Akash Bhagwan Goswami ....Petitioner V/s.

Union of India & Ors.

....Respondents ---- Mr. Prakash Shah a/w Mr. Jas Sanghavi i/by PDS Legal for petitioner. Mr. Jitendra Mishra a/w Ms. Sangeeta Yadav for respondents. ---- CORAM : K.R. SHRIRAM & JITENDRA JAIN, JJ.

DATED : 8th JULY 2024 P.C. :

In this petition, the relief sought is a Writ of Mandamus directing respondents to forthwith release the goods imported by petitioner covered under seven bills of entry.

By an order dated 6th May 2024, this Court was pleased to observe that there was no real dispute between the Customs Department and petitioner concerning five bills of entry. As regards two bills of entry being Nos.8650100 and 8699359 dated 6th November 2023 and 9th November 2023, respectively, the Court stood over the matter to consider the same.

ppn 2/4 412.wp-3907.2024.doc A short point with regards to goods covered by two bills of entry is whether the goods contained catechu. There is a certificate annexed to petition issued by a Chemical examiner of Jawarharlal Nehru Custom House (JNCH) Laboratory on 29th November 2003 and a certificate dated 5th February 2024 issued by the Food Safety and Standards Authority of India (FSSAI). The certificate issued by JNCH Laboratory mentioned the samples under reference gave positive test for catechu which petitioner is not accepting. Mr. Shah states that the certificate issued by FSSAI is silent about catechu because the query raised by Customs Department in their communication dated 29th December 2023 did not contain a query regarding catechu which, for ease of reference, is scanned and reproduced hereinbelow :

ppn 3/4 412.wp-3907.2024.doc Be that as it may, without going into the contents of these two certificates, in our view, it would assist the Court to come to a decision if FSSAI is directed to draw samples and after conducting the requisite test give a report. FSSAI shall in addition to query that was raised in the

ppn 4/4 412.wp-3907.2024.doc communication dated 29th December 2023 issued by the Assistant Commissioner of Customs to Director of FSSAI also ascertain whether the goods contained catechu.

FSSAI is directed to draw samples within three days of receiving a copy of this order and issue a certificate within three working days thereafter. The samples shall be drawn in the presence of representatives of petitioner as well as Customs Department. Samples drawn shall be sealed and details of seals shall also be mentioned in the report and also certify that seal was intact when samples being taken out for testing.

Stand over to 22nd July 2024.

(JITENDRA JAIN, J.) (K.R. SHRIRAM, J.)