2006 (9) TMI 49

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..... rt Health Officer, who has to certify that the goods were not adulterated, misbranded and conform to the specifications laid down for hydrogenated vegetable oil as per the Prevention of Food Adulteration Act, 1954 (PFA Act, 1954). Accordingly samples were drawn and sent for testing to Central Food Laboratory, Pune by the Port Health Organisation. The Port Health Officer informed that the results of the analysis shows that the sample does not conform to the standards of hydrogenated vegetable oil and the test result showed that the melting point of the sample was lower than the one prescribed under the PFA Act. On directions of Bombay High Court another sample was drawn and sent to CFL, Calcutta. The test report received from CFL, Calcutta i .....

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..... 112) E.L.T. 205 (Tribunal) wherein the goods were found unfit for human consumption but the matter was remanded to Collector to consider release of goods on payment of redemption fine and subject to a bond for reprocessing of the goods if such processing could remove the contaminants. The Advocate also invited attention to the decision of Bombay High Court in the WP No. 2325/2006 filed by Rich Kwality Products Pvt. Ltd. Anr. where under similar circumstances the sample failed the baudouin test but were otherwise found not to be adulterated or fit for human consumption. The clearance was allowed by the Bombay High Court. 3.In view of the above it was submitted that he may be allowed to reprocess the goods and to clear the same after it m .....

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..... adjudicating authority with a direction that he should seek similar clarification from Port Health Officer and CFL, Calcutta and if on receiving such certificates he find that the goods are not adulterated and are fit for human consumption then he should consider allowing clearance after completing the adjudication proceedings. Opinion should also be sought if the goods can be made fit for human consumption after reprocessing and to conform to the PFA specifications and if so the reprocessing should be permitted. There is a charge of misbranding also which could not be explained and this aspect may also be looked into if the misbranding can be rectified. Only after it is established that both the defects i.e. adulteration (non-compliance w .....

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