IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09-03-2026 CORAM THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ M/s.Universal Impex G-29, A.P.M.C Market 1 Phase2, Vashi (turbhe), Navi Mumbai-400 705 Rep By Its Proprietor, Shri Sarfraj Jaliyawala ..Petitioner(s)

Vs

1. The Commissioner Of Customs Chennai Import Commissionerate, Custom House, No.60, Rajaji Salai, Chennai-600 001. 2. The Additional Commissioner Of Customs Chennai Import Commissionerate, Customs House, No.60, Rajaji Salai, Chennai-600 001

3. The Deputy Commissioner Of Custom Group-1b, Office Of The Commissioner Of Customs, Chennai Import Commissionerate, Customs House, No.60, Rajaji Salai, Chennai-600 001 ..Respondent(s)

PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents, particularly, the 1st respondent to forthwith draw fresh/remnant samples of the imported areca nuts covered under Bill of Entry No.4521074 dated 15.9.2025 Bill of Entry No 4793276 dated 28.9.2025 and Bill of Entry No.5322464 dated 26.10.2025 and send the same to the Food Safety and Standards Authority of India (FSSAI) Laboratory, Chennai, for testing within a time frame and to issue detention cum demurrage waiver certificates in terms of section 6(1)(1) of the Handling of Cargo in Customs Area Regulations 2009 in respect of all three Bill of Entry.

For Petitioner(s): Mr.R.Vijay Narayanan, Senior Counsel for Mr.B.Satish Sundar For Respondent(s): Mr.Rajnish Pathiyil, Senior Standing Counsel

Order

The present Writ Petition has been filed to direct the respondents, particularly, the 1st respondent to draw fresh/remnant samples of the imported areca nuts covered under Bill of Entry No.4521074 dated 15.9.2025 Bill of Entry No 4793276 dated 28.9.2025 and Bill of Entry No.5322464 dated 26.10.2025 and send the same to Food Safety and Standards Authority of India (FSSAI) Laboratory, Chennai, for testing within a time frame and to issue detention cum demurrage waiver certificates in terms of section 6(1)(1) of the Handling of Cargo in Customs Area Regulations 2009 in respect of all three Bill of Entry.

2. The learned Senior Standing Counsel for the respondents, on

04.03.2026, wanted to take instructions to find if the laboratory at Chennai, has the requisite technologies and infrastructure covered under National Accreditation Board for Testing and Calibration Laboratories (NABL) for testing Aflatoxins and Microbial parameters with regard to areca nuts.

3. The learned Senior Standing Counsel for the respondents today has filed an affidavit, wherein at paragraph No.7, it has been stated that the National Food Laboratory, Chennai, has the requisite technologies and infrastructure for testing Aflatoxins and Microbial parameters with regard to areca nuts. In such view of the matter, he would further submit that he has no objection for the prayer of the petitioner to have a fresh/remnant samples of the imported areca nuts to be tested by the National Food Laboratory, Chennai.

4. The learned Senior Counsel for the petitioner would place reliance on the interim order passed by this Court in W.P.No.36343 of 2023 etc. dated 06.02.2024, wherein, while dealing with the question whether areca nuts are fit for human consumption, directed for re-testing to be carried out by the FSSAI through one of the accredited laboratories, issued the following directions:

“(i) The respective petitioner is permitted to undertake cleaning of the goods while they remain in the custody of the respondents.

(ii) Samples for testing purposes from each consignment imported under each bill of entry shall be selected jointly by the respective petitioner, on the one hand, and the customs authorities, on the other, within a period of one week from the date of receipt of a copy of this order.

(iii) The authorized representative of the FSSAI is directed to collect such samples in the presence of the representatives of the respective petitioner and the respondents.

(iv) Such samples shall be tr