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Issues: Import of bakery shortening not conforming to standards of hydrogenated vegetable oil under PFA Act, 1954; Confiscation of goods; Appeal for release of goods based on test report; Requirement of No Objection Certificate from Port Health Officer for clearance.
In this case, the appellants imported bakery shortening which did not conform to the standards of hydrogenated vegetable oil under the Prevention of Food Adulteration Act, 1954 (PFA Act, 1954). Representative samples were tested, and it was found that the samples failed in the baudouin test. The goods were confiscated, and the appellants were allowed to re-export them on payment of a fee. A penalty was also imposed on the appellants. The advocate argued that despite the failure in the baudouin test, the goods were fit for human consumption and should be released, citing a Bombay High Court decision in a similar case. The Departmental Representative contended that the goods lacked a mandatory No Objection Certificate from the Port Health Officer, justifying the confiscation. The Tribunal noted that while the goods failed the baudouin test, they met other standards of vanaspati ghee. The matter was remanded to the adjudicating authority to seek clarification from the Port Health Officer and Central Food Laboratory, Pune, to determine if the goods were adulterated and fit for consumption. The Tribunal directed that if the certificates confirming the quality of the goods were provided, the goods should be cleared within one month due to the short shelf life of vanaspati. The Tribunal found that the goods did not meet the standards of hydrogenated vegetable oil under the PFA Act only in respect of the baudouin test, similar to a previous Bombay High Court decision. However, unlike the previous case, no clarification was sought from the Port Health Officer in the present matter regarding the adulteration or fitness for consumption of the goods. The Director of CFL, Pune, affirmed that the samples met the prescribed standards for vanaspati ghee in various aspects and that tests for adulterants were negative in the previous case. Therefore, the Tribunal remanded the case to obtain similar clarifications from the concerned authorities to ensure the goods' quality and suitability for consumption. The Tribunal emphasized the importance of obtaining these certificates promptly due to the short shelf life of vanaspati. Ultimately, the appeal was allowed by way of remand for further adjudication based on the additional clarifications to be obtained.
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