Biuret Content Test In Imported Urea To Match Technical Trade Urea Specifications, Kerala High Court Directs Testing In Faridabad Laboratories

The Kerala High Court directed that the referral laboratory, namely the Central Fertilizer Quality Control Unit, Faridabad, shall ensure that the analysis of the urea sample is done expeditiously and that the report thereof reaches the Kochi Customs Authority within a month from the date of receipt of the sample at the said laboratory.

The bench of Justice A.K. Jayasankaran Nambiar and Justice Kauser Edappagath has observed that the respondents/department shall, jointly with the appellant, draw samples from the consignment of the urea imported by the appellant, which is the subject matter of these proceedings, and after giving one sample to the appellant, send the other samples to the referral laboratory for analysis and for a test report on the biuret content in the said sample as to whether or not it conforms to the specifications for technical grade urea as per IS 1781:1975, RA 2021.

The appellant/importer has challenged the judgement of the single judge that dismissed the writ petition preferred by the appellant seeking a provisional release of a consignment of technical grade urea imported by the appellant that was found not adhering to the requirement of biuret content as per IS 1781:1975, RA 20121. The single judge found that the court had no expertise to hold that the chemical examiner's report relied upon by the customs authorities was incorrect, and therefore, the writ petition seeking the reliefs prayed for was not maintainable.

When the appeal came up for admission before the Court, after considering the factual circumstances that led to the filing of the writ petition, the court was not inclined to interfere with the judgement of the Single Judge.

However, the court responded to the plea of the appellant for a direction to the Customs Authority to forward a sample of the imported consignment for testing at the referral laboratory.

The court adjourned the matter to enable the respondents/department to get instructions as to which referral laboratory would be most appropriate for carrying out the tests to confirm the quality of the imported consignment of Technical Grade Urea.

The respondents submitted that, while there are laboratories at Faridabad, Chennai, Mumbai, and Kalyani (West Bengal), the most expeditious testing would be possible at Faridabad, although geographically, the Chennai Laboratory is closest to Kochi.

The court held that it would be in the best interest of the appellant or importer that the testing be expeditiously done, since any delay in testing would entail detention of the goods in the port, consequential demurrage, and other charges against the appellant. The appellant has produced a copy of the communication dated 1.3.2024 whereby he has requested drawing samples from the consignment of urea imported by him for the purposes of sending the same to the referral laboratory for an independent analysis at the accredited laboratory.

The court directed that the assessment of the bill of entry for customs duty be completed based on the report obtained from the referral laboratory.

Counsel For Appellant: Aswin Gopakumar

Counsel For Respondent: P.G. Jayashankar

Case Citation: 2024 LiveLaw (Ker) 224

Case Title: R. Krishnaprasad Versus Commissioner of Customs

Case No.: WA NO. 316 OF 2024

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