IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 WP(C).No. 21401 of 2009(U) -------------------------- PETITIONER: ------------------ M/S GHANSHYAMDAS SUBHASHCHANDRA & CO, JEW TOWN, COCHIN -02, REP. BY POWER OF ATTORNEY HOLDER SRI. KRISHNACHANDRA CHATURVEDI, RESIDING AT VILLA NO.II, THE PRAMANAD, PADIVATTOM, PALARIVATTOM-24. BY ADV. SRI.S.B.PREMACHANDRA PRABHU RESPONDENTS: --------------------- 1. THE PORT HEALTH OFFICER, PORT HEALTH ORGANIZATION, (GOVT. OF INDIA) W. ISLAND, COCHIN -9. 2. THE COMMISSIONER OF CUSTOMS, CUSTOMS HOUSE, W. ISLAND, COCHIN-9. BY ASSIT. SOLICITOR GENERAL SRI.P.PARAMESWARAN NAIR. R2 BY ADV. SRI.JOHN VARGHESE,SC,CEN.BOARD OF EXCISE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 21401 of 2009(U) APPENDIX PETITIONER'S EXHIBITS: P1 : COPY OF THE BILL OF ENTRY ISSUED BY THE CUSTOMS DEPARTMENT. P2 : COPY OF THE IMPORTED RELEASE ORDER ISSUED BY PLANT QUARANTINE STATION DATED 28.5.2009. P3 : COPY OF THE PHYTOSANITARY CERTIFICATE ISSUED BY MINISTRY OF AGRICULTURE OF ZANZIBAR FOR THE CARGO DATED 4.2.2009. P4 : COPY OF THE CERTIFICATE OF ORIGIN ISSUED BY GOVERNMENT OF TANZANIA DATED 28.2.2009 P5 : COPY OF THE LETTER DATED 1.6.2009 ISSUED BY THE 1ST RESPONDENT. P6 : COPY OF THE ANALYSIS REPORT ISSUED BY REGIONAL ANALYTICAL LABORATORY, KAKKANAD DATED 1.6.2009. P7 : COPY OF THE CERTIFICATE OF ANALYSIS ISSUED BY CENTRAL LABORATORY, MYSORE DATED 12.6.2009. P8 : COPY OF THE REQUEST LETTER DATED 18.6.2009 TO THE 1ST RESPONDENT. P9 : COPY OF THE ANALYTICAL REPORT ISSUED BY THE QUALITY EVALUATION LABORATORY SPICES BOARD DATED 3.7.2009. RESPONDENTS' EXHIBITS: N I L // TRUE COPY // P.A. TO JUDGE. app/- V.GIRI, J. = = = = = = = = = = = = = = == = = = = = = W.P.(C). No. 21401 OF 2009 = = = = = = = = = = = = = == = = = = = = = Dated this the 17th day of August 2009. JUDGMENT Pursuant to the interim order passed by this Court, sample of goods covered by Ext.P1 Bill of entry was tested by the Regional Analytical Laboratory, Kakkanad and it seems that they have issued a certificate of fitness. The customs authority shall act upon the same. The goods may be released without delay. Writ petition is disposed of as above. (V.GIRI) JUDGE kkms/