2007 (4) TMI 419

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..... also rejected. 2. The relevant fact that arise for consideration, are that the appellant imported two different consignments of Hydrogenated Vegetable Oil which was subjected to test by the Customs authorities. The samples were drawn and sent to Central Food Laboratory, Pune. On analysis of these samples the Central Food Laboratory, Pune opined that the samples fail in one test i.e. Free Fatty Acids as Oleic Acid% . Based on such report, the authorities initiated the proceedings against the appellant, who waived the issuance of the show cause notice and participated in the adjudication proceedings. The appellants contested the lower authority on the goods that the test report of the Central Food Laboratory does not indicate that the con .....

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..... submission that they be allowed to clear consignment for re-processing and subsequent clearance subject to the results of analysis after re-processing of the consignments. 4. Ld. SDR on the other hand submits that the adjudicating authority has clearly held in his order-in-original that the appellants were importing adulterated vanaspati ghee, which is prohibited. It is his submission that once it has been held that the Central Food Laboratory, that the goods do not confirms to standards of PFA, the confiscation was correct, there is no need for request of re-consideration of the issue. It is also his submission that the orders of the Hon ble High Court and Division Bench might not be held as a precedent, as in this case it is very clear .....

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..... o the adjudicating authority with a direction that the appellants may be allowed to reprocess the goods under bond and after reprocessing a certificate should be obtained from the Port Health Officer and CFL, Pune that the reprocessed goods are not adulterated and are fit for human consumption and if so certified to allow the clearance of goods after adjudication. The above certificate should be obtained within a period of one month from the date of receipt of this order due to the perishable nature of the goods in question . 6. It is also noticed that the office of the Public Analyst State Food Laboratory, Bhopal have clearly indicated in respect of one of the unit of the appellant, that free fatty acid standards can be brought within th .....

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