Company moves HC seeking release of kiwis

Advocate appearing for the company contended that the fruits are a perishable commodity and, since the last 45 days, they have been lying in cold storage.

A Mumbai-based company recently moved the Bombay High Court seeking release of kiwi fruits from detention as there is a suspicion that they are from Iran.

A vacation bench of Justices P.D. Naik and Abhay Ahuja was hearing a plea filed by Mahalaxmi Construction Aids for the release of the kiwi fruits from detention of 45 days. The company said detention of the fruits under the bill of March 13, 2022 is illegal.

As per the Department of Revenue, the fruits have arrived from Iran and there is a ban by the Government of India for import of such fruits from Iran on the ground that they are not fit for consumption. As per the affidavit by the Union of India, “there is a suspicion that the goods, ie. fresh Kiwi were indicative of Iran origin. The goods were found imported in crates stacked in a pallet of Iranian Stamping as per the International Plant Protection Convention.”

The advocate appearing for the company contended that the fruits are a perishable commodity, and, since the last 45 days, they have been lying in cold storage and there is no authentic evidence that the goods had arrived from Iran. There are also two reports issued by the Food Safety and Standards Authority of India and by the Plant Protection Officer (WS), indicating that the goods are fit for human consumption, and they are recommended for release for consumption.

However, the prosecutor argued that the investigation is in progress and authorities will complete the investigation within two weeks and submit the report to this court. The matter is posted to be heard on June 13.