ORDER :

[Sonia Gokani, J.]

1. This Writ Petition under Article 226 of the Constitution of India is preferred by the proprietary concern, who is importing the goods from across the world and is presently aggrieved by the action of the respondent authority in relation to the Fresh Kiwi Fruits. The petitioner challenges the seizure memo dated 15.11.2022 issued by the respondent No.4 under four bills of entries where these Fresh Kiwi Fruits have been imported are seized on the alleged premise that the Country-of-Origin certificates submitted by the petitioner are of suspicious nature and they are not co-relating with the documents submitted with the bill of entry. Respondent Nos.2 and 3 have not permitted the petitioner to clear Fresh Kiwi Fruits for home consumption imported from Dubai (Having the Country-of-Origin “Chile”) even though the Foreign Trade (Development and Regulation) Act, 1992 read with Foreign Trade Policy 2015-20 have not put any restriction or prohibition on import of Fresh Kiwi Fruits.

2. It is the say of the petitioner that the National Plant Protection Organization in India which works under the Agriculture Department suspended the import of Fresh Kiwi Fruits from Iran w.e.f. 07.12.2021. However, for the import from Chile and Dubai, there are no such restrictions.

3. On an application being made by the petitioner, the Deputy Director, Regional Plant Quarantine Station, Kandla had issued No Objection Certificate for permitting the petitioner for clearance of imported Fresh Kiwi Fruits by observing that the same were found free from any live pest infestation.

3.1 The petitioner had communicated on 01.11.2022 requesting the respondent Nos.3 and 4 to allow the clearance of fruits for home consumption. All requisite documents including Phytosanitary certificate showing the imported goods were originated from Chile were tendered with a request for the release and when no heed was paid, he has approached this Court with the following reliefs:

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(a) This Hon’ble Court may be pleased to issue writ of Mandamus or a writ in the nature of Mandamus, or any other appropriate writ, directing the Respondents to allow the Petitioner to clear the goods imported through four Bills of entry filed with the office of Respondent No.3 (Annexure H);

(b) That the Hon’ble Court may be pleased to issue writ of certiorari or nature of certiorari or any other appropriate writ, order or direction leading to issuance of seizure memo dated 15.11.2022 issued by Respondent No.4 and after going into legality and validity thereof, to quash and set aside the seizure memo dated 15.11.2022 issued by Respondent no.4 (Annexure K).

(c) That this Hon’ble Court may be pleased to issue a Writ of Prohibition, or a writ in the nature of prohibition, or any other appropriate writ, order or direction, directing the Respondent No.2 and 3 their officers, employees not to initiate any actions for disposal of the goods imported through four Bills of entry filed with the office of Respondent No.3 (Annexure K);

(d) That pending and final disposal of this petition, this Hon’ble Court may be pleased to permit the Petitioner to allow clearance of goods imported through four Bills of entry filed with the office of Respondent No.3 (Annexure K) with such terms and conditions as deemed fit and proper by this Hon’ble Court.

(e) Grant ad-interim relief in terms of the prayers above;

(f) Grant costs of the Petition and orders thereon; and

(g) Grant such further and other reliefs, as this Hon’ble Court may deem fit and proper in the nature and circumstances of the case.”

4. It is the say of the petitioner that import of Fresh Kiwi is classified at HSN 08105000 which is freely importable as per import policy 2015-20. The import of the edible fruit into India is regulated by the provisions of Food Safety and Standards Act, 2006. Chapter V of FSSAI deals with the provisions relating to import. No person is permitted to import any article or food into India in contravention of