2013 (6) TMI 578

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..... the said Laboratory found that after refinement the writ-petitioner could not bring the material within the permissible Iodine Value, which is 98-112 as per the standard laid down by the provisions of Food Adulteration Rules, 1955 (hereinafter referred to as 'the Rules') because the reprocessed material after refinement was found to have Iodine content of 97, which is less by 1 as prescribed under the Rules. It appears that in respect of selfsame material another sample was examined in a different laboratory being S.G.S. India, where Iodine Value was found to be 108-109 which is within the parametres of 98-112 as per the standard laid down by the provisions of the Rules. 2. Based on the aforesaid report made by the S.G.S. India, the writ-p .....

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..... ed cargo, the remaining cargo shall be permitted to be reprocessed and upon reprocessing samples thereof shall be forwarded to the Central Food Laboratory for testing as to whether the re-processed goods are fit for human consumption conforming to the standards of cottonseed oil prescribed in the Prevention of Food Adulteration Rules, 1955. The Laboratory shall submit its report within a period of one week of the receipt of the sample. (v) If the Laboratory submits the report in favour of the petitioner, the goods shall not be detained on this ground and shall be released in accordance with law; (vi) If the report is against the petitioner, then the respondents shall take appropriate steps under the provisions of the Customs Act." 4. Aft .....

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..... r words, so long the Central Food Laboratory, Mysore, will not clear the material on such test after further processing, the Directorate of Revenue Intelligence (D.R.I.) Authority will not release the goods for the purpose of human consumption. The petitioner is, therefore, at liberty to further reprocess the material and to present the sample on such reprocessing for the purpose of testing. 7. The D.R.I. Authority is directed to render all assistance for further reprocessing of the material. The time-limit prescribed in the earlier order quoted above will be maintained for further reprocessing. Special Civil Application is, thus, disposed of with above order. In the facts and circumstances, there will be, however, no order as to costs.

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