IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 22ND NOVEMBER 2006 / 1ST AGRAHAYANA 1928 WP(C).No. 29364 of 2006() ------------------------- PETITIONER: ------------ M/S. CHUNGATH AGENCIES, BIG BAZAAR, CALICUT. BY ADV. SRI.P.A.AUGUSTIAN RESPONDENTS: ------------- 1. THE COMMISSIONER OF CUSTOMS, CUSTOM HOUSE, WILLINGDON ISLAND, KOCHI-682 009. 2. THE PORT HEALTH OFFICER, COCHIN PORT WILLINGDON ISLAND, KOCHI-682 009. 3. THE CHAIRMAN OF PORT TRUST, PORT TRUST, WILLINGDON ISLAND, KOCHI-682 009. BY ADV. SRI.JOHN VARGHESE, ASSISTANT SG THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/11/2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.29364 of 2006 .................................................................... Dated this the 22nd day of November, 2006. JUDGMENT Heard counsel for the petitioner and the Assistant Solicitor General for respondents. While the prayer is for direction to the Customs to release the two containers of Cassia (Karuvappatta) imported by the petitioner from China, respondents' counsel submitted that the items being food stuff should pass through PF test and test result so obtained from the Central Food Lab, Mysore and the Regional Lab, Kakkanad show that the item do not conform to PF standard and therefore, release cannot be permitted. However, the contention of the petitioner is that the defect noted is only excess moisture content which could be rectified by curing the product. Even though counsel for the respondents pointed out that there is variation in oil content also, counsel for the petitioner submitted that when moisture content is reduced, percentage of oil by weight will go up. In any case if deterioration has taken place in transit on account of leakage in container, I feel petitioner should not suffer. In the circumstances, W.P. is disposed of with direction to the first respondent to consider whether curing can be permitted in any bonded warehouse arranged by the petitioner and on petitioner executing proper bond and bank guarantee by taking a realistic stand and permit the same. The first respondent will hear petitioner's suggestions and communicate his decision at the earliest. If there is no arrangement for curing of materials, it is for the first 2 respondent to adjudicate the case or otherwise, refer the file for adjudication by the concerned authority. C.N.RAMACHANDRAN NAIR Judge pms