Petitioner imported raw betel nuts (arecanuts) as per Ext.P2 invoice. The second respondent did not release the goods for the reason that consignment should be satisfied with food standard clearance under the Food Safety and Standards Act, 2006 (for short, the “FSS Act”). This Court in P5 judgment held that there are no standards for betel nuts under the FSS Act. It was further held that in the absence of standards in the FSS Act, the Authorities shall follow the standards of Codex Alimentarius, if any. In the absence of prescription of standards therein, to take precautionary measures under the sanitary and phytosanitary measures (SPS Agreement). Petitioner relies on Ext.P6, an import release order issued in accordance with the provisions of the W.P.(C) No.32150 of 2014 2 Plant Quarantine (Regulation of Import into India) Order, 2003 and issued under Sub-section (1) of Section 3 of the Destructive Insects & Pest Act, 1914. Ext.P6 indicates that consignment has been recommended for release. This Court in Ext.P5 judgment held that the applicant cannot be refused with the release of goods without forming an opinion that the consignment, even after undergoing some other processes cannot be made fit for human consumption. It seems, the Authority has formed an opinion in the light of Ext.P6. Therefore, relying on Ext.P6 there shall be a direction to release imported goods covered by Ext.P2 invoice within a period of three days.
The writ petition is disposed of as above. No costs.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ln