2014 (9) TMI 1041 - HC - Customs

Seeking directions for release of goods - Imported Coco beans - Samples failed to conform the standards laid down for Dry Fruits and Nuts under the provisions of Food Safety and Standards (Food Products Standards and Food Additives) Regulations 2011 and hence detained - Non issuance of NOC - Appellant contended that Coco beans can not be considered as dry fruit or nuts and do not come under the Food Safety and Standards Act 2006 - Held that - the standards applicable to dry fruits and nuts are made for the analysis of the standards of coco bean is prima facie an erroneous procedure. There are no prescribed standards for the coco bean. The coco bean by its very nature and on reading of the clause 2.3.47.5 of the Food Safety and Standards (Food Products Standards and Food Additives) Regulations 2011 under which dry fruits and nuts are defined cannot be equated with a dry fruit or nuts. The specifications therein based on the nature of the coco bean is totally varying from the dry fruit and nuts as mentioned in the Food Safety and Standards (Food Products Standards and Food Additives) Regulations 2011. Therefore in the absence of any prescription of the standards with regard to the coco beans necessarily the imported goods shall be released to the petitioner. - Petition disposed of

Summary

Issues:
1. Whether Coco bean can be considered as a dry fruit or nuts under the Food Safety and Standards Act, 2006.
2. Whether the imported goods should be released to the petitioner based on the absence of prescribed standards for Coco bean.

Analysis:
1. The Writ Petitioner imported Coco bean from Indonesia, and the Certificate of Analysis by the Referral Food Laboratory stated that the sample did not conform to the standards for Dry Fruits and Nuts under the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011. The petitioner argued that Coco bean should not be classified as a dry fruit or nuts and should not fall under the Food Safety and Standards Act, 2006.

2. The second respondent refused to issue a No Objection Certificate (NOC) based on the non-conformity to food safety standards. In a related case, the Court dealt with fermented and dried coco beans, refusing to interfere with the action of the respondents due to contamination and categorizing coco beans as a food product under the Act. However, the Court in this case found that the standards applicable to dry fruits and nuts for the analysis of coco beans were procedurally erroneous. The Court noted that coco beans are seeds, distinct from dry fruits and nuts as defined in the regulations.

3. The Court highlighted that the Bureau of Indian Standards had prescribed standards for coco beans that differed from those for dry fruits and nuts under the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011. As there were no specific standards for coco beans under the regulations, the Court directed the immediate release of the imported goods to the petitioner. Additionally, the Court ordered the sample to be sent for analysis by the Bureau of Indian Standards before human consumption, with the petitioner bearing the analysis costs. The judgment concluded by disposing of the Writ Petition with the issued directions.