9911796707
TMI Blog2015 (9) TMI 454X X X X Extracts X X X X X X X X Extracts X X X X ..... this petition which is filed under Article 226 of the Constitution of India, the petitioner is seeking an appropriate writ, order and direction for inter alia striking down the impugned Note dated 23-4-2014 and the undated impugned directive - uploaded on respondent No.1's website on 15-7-2014 and also challenging decision dated 2162014, rejecting the June consignment of the petitioner on the ground that the label does not conform to the Packaging and Labelling Regulations under Clause 2.2.2(2). The petitioner is also seeking an appropriate direction for release of the Canola Oil consignments, which are detained at JNPT since 2612014 and 18-6-2014. 3. The case of the petitioner, in brief, is that the petitioner is an importer of Canol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ged that in fact the label in terms mentions the name of the product, namely, Canola Oil. A detailed affidavit in Page reply has been filed on behalf of the respondents. According to them, it was necessary not to clear the said consignments. It is urged by the learned counsel appearing on behalf of the Food Authority that the said label does not conform not only to Clause 2.2.2(2) but also it is clearly contrary to the provisions of Section 22 of the said Act. It is submitted that the said product contains genetically altered ingredients and, therefore, the Food Authority, in order to safeguard the interest of consumers, has rejected the said consignments. 6. We have heard the learned counsel appearing on behalf of the respective parties a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e consignment of the same product has been rejected. The action of the Food Authority, therefore, is arbitrary and is violative of Article 14 of the Constitution of India. The said action is contrary to the provisions of the said Act and the Rules and Regulations framed thereunder. Hence a prima facie case is made out for grant of ad-interim relief. Ad-interim relief is granted in terms of prayer clauses (c) and (e). 9. We direct the Food Authority to clear the consignments which have been detained by them, subject to compliance of provisions of the other relevant Act, Rules and Regulations. 10. Place the matter for final disposal at the admission stage on 17-11-2014. 11. At this stage, learned counsel appearing on behalf of respondent N ..... X X X X Extracts X X X X X X X X Extracts X X X X
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