CBEC's Global Notice Inviting Tender (GNIT) for procurement of three mobile gamma rays scanners upheld by High Court
THE CBEC by virtue of the GNIT had i nvited sealed global tenders for supply, installation, commissioning, site preparation and maintenance of three mobile gamma ray container scanning systems (MGCSS) for truck / trawler mounted cargo containers and other transport vehicles as required and mentioned in the tender. The said mobile gamma scanning systems ('mobile gamma ray scanners') were to be located at the Chennai Port, the Kandla Port and the Tuticorin port.
This has been challenged in the High Court of Delhi alleging that the GNIT has been issued in respect of only mobile gamma ray scanners and mobile X-ray scanners have not been included in the said GNIT. Various allegations of arbitrariness and bias / favouritism have also been leveled by the petitioners.
The High Court was not impressed and observed, “ After considering all the technical aspects and the specific requirements of the customs authorities, and after taking into consideration the advice from the Atomic Energy Department with regard to safety and radiation concerns, the respondent has chosen to employ a combination of technologies for its scanning requirements at the said three ports. It has decided to use the X-ray technology of 9MeV for the fixed scanners at the said three locations and the gamma ray technology for its mobile scanners. This decision has been arrived at after considering the pros and cons of both the technologies. These are technical issues which are best left to technical experts and the courts should not interfere with the decisions on such matters unless and until something grossly arbitrary or unreasonable is brought to the attention of the court. On going through the manner in which the decision was taken and also the WCO Note, it cannot be said that the decision to adopt the gamma ray technology for mobile scanners was arbitrary, whimsical or unreasonable. When the Court cannot return such a finding, there is no question of interfering with the said GNIT of 2009 and with the subsequent tender process.”
This judgement was delivered by the Delhi High Court yesterday and we bring it to you today. Please Click here.