Order Date- 27 September 2022

Facts-

• The Petitioner AROMATRIX FLORA PVT LTD had approached the Court essentially aggrieved by the alleged delay caused by the Food Safety and Standards Authority of India in the grant of a No Objection Certificate for clearance of imported goods resulting in prohibitive demurrage charges coming to be levied.
• The petitioner had contended that in terms of the provisions made in Section 47(5) of the Food Safety and Standards Act, 2006, FSSAI was obliged to duly inspect the imported food articles and accord clearance within a period of 5 days of taking the requisite samples.
• Further it was contended that FSSAI had on innumerable occasions caused delay in the grant of the NOC resulting in the petitioner being foisted with huge liabilities towards demurrage charges.

Issue-

• Whether FSSAI has rightly refused the inspection?

Order-

• The Single Bench of Hon’ble High Court observed that pending clearance of imported articles by the competent statutory authorities would in principle be permissible for an importer to apply to the competent authority of Customs to be granted the permission to move such articles from a custodian warehouse to a public warehouse.
• This would thus enable the importer to move the goods out of the airport or the cargo terminal and to store the same in a public warehouse. The movement of those goods would however necessarily have to be regulated by the Customs authorities since the goods while transiting from the custodian warehouse to the public warehouse are still to be cleared for the purposes of home consumption.
• The authorities of the transportation of imported articles from the custodian warehouse to a public warehouse is not prohibited under the provisions of the 1962 Act. FSSAI would be liable to be recognized as being placed under the obligation of ensuring that all imported articles of food are inspected with due expedition and promptitude. 
• The Court held that FSSAI would not refuse inspection merely on the ground that the goods are stored in a public warehouse.