TMI Blog2014 (8) TMI 1053X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the label of the goods of the petitioner was defective. It mentioned that the product contained “seaweed” but failed to mention any particular type of seaweed that it product contained. Seaweed, of only particular types were safe for human consumption, others were not, it was said. Held that:- ongoing through the annexures to the affidavit in opposition, it appears that the products sough ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fety Department will issue a ‘No Objection Certificate’ within 48 hours thereafter. The Customs Authorities will thereupon take steps for expeditious release of the goods. - Decided in favour of petitioner - W.P. No. 472 of 2014 - - - Dated:- 21-8-2014 - I.P. Mukerji, J. Shri R.K. Chowdhury, for the Petitioner. Shri S. Moitra, G. Purokayastha, P.K. Roy K.K. Maity, for the Respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing to the report the sample conforms to the above parameters as per clause 2.7.2, appendix A 2.1 (metal contaminates) of Food Safety Standards Rules and Regulation, 2011. 5. Mr. Moitra, learned counsel appearing for the third respondent made very extensive submissions. He argued that the goods should be sent back to the country of origin. He showed me the relevant provisions of the Act, pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the petitioner. But the contention of Mr. Moitra was that unless this particular seaweed was declared in the label, it contravened the provisions of the said Act and regulations. 8. In my opinion, ongoing through the annexures to the affidavit in opposition, it appears that the products sought to be imported are safe for human consumption, in all other respects. There is only an element of dou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of seaweed. This labelling has to be done on all the imported packages to the satisfaction of the Food Safety Department. The Food Safety Department will issue a No Objection Certificate within 48 hours thereafter. The Customs Authorities will thereupon take steps for expeditious release of the goods. 12. The writ application is allowed to the above extent. 13. Mr. Moitra prays for stay ..... X X X X Extracts X X X X X X X X Extracts X X X X
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