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2009 (2) TMI 663 - AT - Customs

Issues:
1. Release of imported goods found to be adulterated.
2. Compliance with labelling requirements under the Food Adulteration Act.

Analysis:
1. The Appellate Tribunal heard an appeal filed by the Revenue against an order allowing the release of imported goods, including fruit drinks and fruit jelly, despite the fruit jelly being found adulterated. The Revenue argued that the Prevention of Food Adulteration Act prohibits the sale of adulterated food for human consumption, making the goods liable for confiscation. The Tribunal agreed with the Revenue, stating that the clearance of adulterated goods is not sustainable and set aside the release of the adulterated fruit jelly.

2. Regarding the labelling deficiencies in the other imported item, the Tribunal noted that the defects were rectifiable. Citing a previous decision, the Tribunal held that the necessary information, such as the name and address of the importer, batch number, and 'Best before date,' could be affixed on the goods to comply with the labelling requirements. As these deficiencies were deemed rectifiable, the Tribunal found no issue with allowing the release of the goods after the necessary information was added via a sticker. Consequently, the appeal was disposed of accordingly.

 

 

 

 

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