Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2012 (8) TMI 979

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... This writ application is directed against the refusal of the Customs authorities to allow clearance of consignment of split cassia imported by the petitioners. Clearance has not been permitted on the ground that the consignments do not conform to the standards prescribed under the Food Safety and Standards Act, 2006. The consignments have thrice been tested. The reports are annexed to the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ircumstances of the case, the writ petition is disposed of by directing the Authorized Officer, Food Safety and Standard Authority of India, to draw samples of the articles in question within 48 hours from the date of communication of this order and shall send it to Export Inspection Agency at 14/1B Ezra Street, Kolkata for undertaking an analysis of the samples of the articles and such analysis s .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ts, the analysis result could not adjudged. It is patently clear that the procedure for testing coumarin was not available with the laboratory concerned. The report says coumarin content could not be judged. It cannot, therefore, be said that the consignments conform to the prescribed standards. Learned Counsel appearing on behalf of the respondent authorities have drawn attention of this .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... marin is harmful or not. However, since the 2011 Regulations categorically prohibit use of coumarin, this Court cannot direct release of any food item, which is found to contain coumarin. The writ application is thus dismissed. The affidavit in opposition filed out of time is returned. Urgent certified copy of this order, if applied for, be supplied to the parties subject to compliance .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates