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TMI Blog2010 (1) TMI 444X X X X Extracts X X X X X X X X Extracts X X X X ..... d that: the petitioner if aggrieved should have preferred appeal before the said body though the second test has been conducted and order has been passed by CFL. Therefore, the petitioner is at liberty to prefer appeal before the CFL (Central Food Laboratory) - 11-12 of 2010 - - - Dated:- 7-1-2010 - Soumitra Pal, J. Shri R.K. Chowdhury, Advocate, for the Appellant. Shri Tapas Hazra, Adv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... testing thereof by the Port Health Officer and also sought for no objection from the Plant Quarantine authorities before assessment and clearance of the goods. I find from page-43 of the writ petition that the Plant Quarantine Station had recommended the goods for release. Be that as it may, pursuant to the directions by the customs authorities, the Port Health Officer drew samples and got the sam ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ince such adulteration was due to natural causes and beyond the control of human agency it should not be deemed to be adulterated. 5. Learned advocates appearing on behalf of the respondents submit that since pursuant to the public notice dated 6th July,2009 Central Food Laboratory, Kolkata is the appellate laboratory in the region as per existing rules, the petitioner if aggrieved should have p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed after taking into consideration the provisions contained in Sections 2(ia)(1), (m), 2(ia)(xiia), 5 and 6 of the Prevention of Food Adulteration Act, 1954 and Rules framed thereunder. Be it noted that the order shall be reasoned and shall be passed within a fortnight from the date of communication of this order. 7. Both the writ petitions are disposed of. No order as to costs. 8. All partie ..... X X X X Extracts X X X X X X X X Extracts X X X X
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