9911796707
TMI Blog2012 (5) TMI 15X X X X Extracts X X X X X X X X Extracts X X X X ..... est report and the details no where indicates that the product is dangerous for human consumption - the appellant must be given a chance and allowed to re-process under the supervision of the concerned official at the ware house and then re-export the same subject to test report to be obtained from CFTRI at the instance of the Port Health Officer – in favour of assessee. - WA.No. 626 of 2012 - - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion by the people of that Country and therefore it was returned back to India. On re-import of the product, as per the procedure, the Port Health Inspector examined the consignment and sent the same for testing at CFTRI, Mysore (Food Analysis Institution). After testing the same, the report was sent indicating the standards and according to the respondent authorities, the test report did not confo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... consumers. This judgment of the learned single Judge is under challenge before us. 3. We have heard the learned senior counsel for the appellant as also the learned standing counsel for the Department. The contention of the appellant is that the product can be allowed to be re-processed depending upon the nature of the deficit and then re-export the same and the entire process could be done u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... A order and Ext.P9 judgment, on earlier occasions, with regardto the product of tea, such concession was given to the exporter for re-processing the product and then re-export the same in accordance with the procedure, after the same is being certified by the concerned Port Health Officer. 5. The food product in question is Cardamom. The test report and the details at Exts.P8 and P9 no where i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6. In view of the above reasoning and the facts pertaining to the case, we are of the opinion, the judgment of the learned single Judge in W.P.(C) No.31365 of 2011 dated 16.1.2012 deserves to be set aside. Accordingly, the appeal is allowed directing the second respondent to allow the appellant to re-process the product to bring the product in conformity with the standards prescribed, and the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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