- (1.) Challenging the proceedings of the fourth respondent dated 11.11.2015 in F No.CC-29/Court Cases/FSSAI/CHN/Imports/2015 and seeking for a direction to the respondents herein to clear the balance consignment in B.L.No.HDMUBRIH 1388222, B.E.No.4602156 dt.11.02.2014 and IGM No.2076827/19/01/2014 dt.21.01.2014 forthwith, the petitioner is before this Court.
(2.) According to the petitioner, they are dealer and distributer of various types of chemicals and dyes and they purchase the chemicals and dyes from various parts of India and also by way of imports. They are regularly importing Phosphoric Acid-Good Grade Chemicals through the Chennai Sea Port. They are selling this Acid to food industries and they are not selling it as a food product or directly to any consumer for consumption as a food item.
(3.) The petitioner imported Phosphoric Acid from Brazil in three containers on 12.11.2013 with all duly required documents. The Customs authorities cleared two containers and the petitioner company was permitted to take the same from the Customs Bonded Warehouse, but they were not permitted to take the other container and the same is retained by the authorities for want of certification from the Food Safety and Standards Authority of India. Therefore, the petitioner made a representation to the FSSAI, New Delhi, on 19.07.2014 to issue necessary clarification to clear the consignment, taking into account the date of manufacturing and date of expiry by accepting the analysis certification of the foreign supplier. The petitioner also submitted a representation to the second respondent on 03.11.2014 to clear the consignment.;