Soumitra Pal, J. - (1.) Let affidavit -in -opposition to the writ petition be filed by 9th May, 2012. Reply, if any, by 18th May, 2012. So far as the prayer for interim order is concerned, Mr. Basu, learned Senior Advocate for the petitioner relying on the circular dated 20th January, 2012 submits that the petitioner may be granted an opportunity to improve the quality of the imported goods in question by removing the foreign matter and thereafter, it may be tested by one of the recognized laboratories. Such prayer is opposed by Mr. Roychowdhury, learned Senior Advocate appearing on behalf of the Commissioner of Customs (Port), Kolkata and the Assistant Commissioner of Customs (Group I), Kolkata, Respondent Nos. 4 and 5 respectively, since according to him, import of such goods are prohibited under Sec. 25 of the Food Safety and Standards Act, 2006 and the circular dated 20th January, 2012 is contrary to the said section.
(2.) Mr. Sarkar, learned advocate appearing on behalf of Authorized Officer, office of the Authorized Officer, Food Safety and Standards Authority of India, Kolkata, Respondent No. 3, disputing the submission made by Mr. Roychowdhury submits that it has been issued under Sec. 16(5) of the 2006 Act and therefore, according to him under the circular there is no bar in improving the quality of foodgrains by removing the foreign matters.
(3.) Since it has been submitted on behalf of the Respondent No. 3, a statutory body, that under the circular, improvement of the goods by removing the foreign matters is permissible under the law, the petitioner is at liberty to remove the foreign matters within five days from the date of communication of this order. After the foreign matter is removed, the goods shall be tested by a laboratory recognised by the Respondent No. 3 and after testing, the Commissioner of Customs (Port), Kolkata, Respondent No. 4 shall clear the food items in accordance with the standards prescribed and in accordance with law within five days thereafter.;