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TMI Blog2015 (9) TMI 454X X X X Extracts X X X X X X X X Extracts X X X X ..... y – Pertinent to note that Food Authority, after having rejected consignment of January, had cleared consignment of same product in April and thereafter again in June consignment of same product was rejected – Action of Food Authority, therefore, is arbitrary and is violative of Article 14 of Constitution of India – Food Authority to clear consignments which have been detained by them, subject to compliance of provisions of other relevant Act, Rules and Regulations – Decided in favour of Assesse. - Writ Petition [Lodging] No. 2080 of 2014 - - - Dated:- 16-9-2014 - V. M. Kanade And P. D. Kode, JJ. For the Petitioner : Mr. Kevic Setalvad, Senior Counsel with Mr. Dheeraj Nair Ms Manasvi Nandu i/b M/s. J. Sagar Associates For ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... een cleared. The petitioner is aggrieved by rejection of the said consignments, which has been done on the ground that the label does not conform to the Packaging and Labelling Regulations under Clause 2.2.2(2). The petitioner is aggrieved by the reasons given for not clearing the consignments and which are found on page 68 r/w page 65 of the petition, which is a letter dated 2342014, addressed by respondent No.1 to the Forum of Indian Food Importers. 5. Mr. Kevic Setalvad, learned senior counsel appearing for the petitioner, submitted that it is not the case of the Food Authority that the product which is being imported does not conform to the safety standards which have been laid down under the Food Safety and Standards Act, 2006 (for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2) Status: Rejected 7. The Note which has been uploaded on the website of respondent No.1 does not give any other reason for rejecting the consignments and, therefore, the submission made by Mr. Pracha, learned counsel appearing on behalf of respondent No.1 that it is in violation of Section 22 of the said Act or that it is not in conformity with the standards laid down by the Rules and Regulations framed under the said Act is without any substance. The Food Authority ought to have taken a sample, analysed the same and then point out in what way the sample is not in conformity with the specifications laid down under the said Act. 8. We have perused the label. We find that in fact the said label prima facie ..... X X X X Extracts X X X X X X X X Extracts X X X X
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