JUDGMENT

U.Durga Prasad Rao, J. - The challenge in both the writ petitions is to the refusal of the respondent/Customs officers of Customs House, Port Area, Visakhapatnam to issue customs clearance to the High Alumina Refractory Cement (for short, 'HARC') imported by the petitioners under the Bills of Entry and insisting for production of Bureau of Indian Standard certificate on the ground that HARC was incorporated as one of the products in Foreign Manufacturers Certificate Scheme (for short, 'FMCS') under the Bureau of Indian Standards Act, 2016 (for short, 'BIS Act, 2016') and Rules made there under along with Cement (Quality Control) Order, 2003 (for short, 'CQC Order, 2003') as illegal and without jurisdiction.

2. In W.P.No.24863/2020, the petitioner averred that in their ordinary course of business the petitioner imported HARC into India for their business operations. Earlier the respondents have never raised any requirement of compliance with the impugned CQC Order, 2003 qua the refractory cement imported. As usual the petitioner sought to import and clear the consignment