By TIOL News Service

KOLKATA, JUNE 16, 2016: A consignment of betelnuts was imported from Bangladesh by the petitioner. The consignment was inspected at the Petrapole check-post and sent for tests. The initial test was favourable to the petitioners but the customs authorities were not satisfied therewith.

Samples were again drawn by the customs authorities behind the back of the petitioners for a second test to be conducted at a faraway laboratory in Mysore. The Mysore report found that the betelnuts were not fit for human consumption.

On the basis of such report, a SCN dated May 7, 2014 was issued by the customs authorities.

The petitioners did not reply to such notice and, instead, questioned the basis thereof by way of the present petition since the second test was conducted without notice to the petitioners.

On April 15, 2016, an order was passed by the High Court directing the Assistant Commissioner of Customs, Petrapole to draw three samples of adequate amounts from the stored goods in the presence of a representative of the petitioners. One of the samples was to be retained by the customs authorities, another by the petitioners and the third was to be sent to the Central Food Laboratory, Kolkata so that the same could be tested and an appropriate report made available to Court on May 9, 2016.

CFL reported that the betelnuts are fit for human consumption.

The High Court, therefore, observed that in view of the said report obtained from a recognised Government organisation, the customs authorities should have no further reservation in releasing the consignment to the petitioners.

The SCN was set aside.

The Writ Petition was allowed by directing the Assistant Commissioner to ensure that the betelnuts are released to the petitioners subject to payment of appropriate duty.

In passing: Also see 2016-TIOL-63-HC-PATNA-CUS .

(See 2016-TIOL-1155-HC-KOL-CUS)