INDIRA BANERJEE,J. - (1.) This writ petition is directed against the refusal of the Customs Authorities to allow clearance of a consignment of pulses (Toor Whole) imported by the petitioner company from Myanmar.
(2.) After arrival of the said consignment at the port of Kolkata on or about 28th January, 2012, the Petitioner Company filed Bill of Entry No. 587-7586/01/02/2012/N/H, dated 1st February, 2012 along with copies of the import documents including the Bill of Lading and invoice, for clearance of the same.
(3.) Section 25 of the Food Safety and Standards Act, 2006 (hereinafter referred to as 'the Food Safety Act') which prohibits import into India inter alia of any unsafe or sub-standard food, is set out hereinbelow for convenience :- "Section 25. All imports of articles of food to be subject to this Act. - (1) No person shall import into India - (i) any unsafe or misbranded or sub-standard food or food containing extraneous matter; (ii) any article of food for the import of which a licence is required under any Act or rules or regulations, except in accordance with the conditions of the licence; and (iii) any article of food in contravention of any other provision of this Act or of any rule or regulation made thereunder or any other Act. (2)The Central Government shall, while prohibiting, restricting or otherwise regulating import of articles of food under the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992), follow the standards laid down by the Food Authority under the provisions of this Act and the rules and regulations made thereunder." ;