9911796707
TMI Blog2016 (9) TMI 661X X X X Extracts X X X X X X X X Extracts X X X X ..... ised officer? - Held that: - though the violations pointed out are minor, there appears to be several violations which though are stated to be minor if considered cumulatively may have to be interpreted as not in conformity with the labelling requirement. However, this observation should not be mistaken to state that the product is not a quality product nor it is unfit for human consumption. Being conscious of the fact that Court is exercising jurisdiction under Article 226 of the Constitution of India, Court would not venture into disputed questions nor it would have expertise to find out as to whether what has been mentioned in Turkey language is in fact the name of the company or other details to verify the serial number, batch number ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n, the authority pointed out as to how the consignment does not satisfy the labelling requirement as required under the Food Safety and Standards (Packaging and Labelling) Regulations, 2011. Thereafter, the petitioner submitted letters to the 1st respondent on 04.08.2014, 31.10.2014 and 03.02.2015. The sum and substance of the contention raised in those letters are that the petitioner sought to clarify that the consignment which they have imported largely satisfies the labelling requirements under the Regulation and they were ready to explain the minor discrepancies pointed out by the authorised officer. At that relevant point of time, the petitioner filed a writ petition before this Court in W.P.No.20409 of 2015, by which, the petitioner c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0 ml, 500 ml 1000 ml in PET Bottles) and Extra Virgin Olive Oil (500 ml 1000 ml in PET Bottles and Pure Olive Oil (5 Liter Tins) and Extra Virgin Olive Oil (5 Liter Tins). 5.It is submitted by the learned counsel for the petitioner that the objection raised by the 1st respondent stating that in the 5.15 kg Drums, the labels does not contain the prefix producer or manufacturer is untenable as the label clearly shows that the source/seller and the product is a quality product from Turkey and the petitioner has produced supporting documents to show that the person who has been mentioned as source/seller is in effect the manufacture. The learned counsel also produced the brochure of the Trukey firm to show that they are in fact a man ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .2015 to the 1st respondent requesting for relaxation of the norms. But however, the authority who is competent to grant relaxation is only the Director (Imports), Food Safety and Standards Authority of India, FDA Bhavan, Kotle Road, New Delhi 110 002 and if at all the petitioner seeks for one time relaxation, he has to approach the said authority at New Delhi. 7. After elaborately hearing the learned counsel for the parties and perusing the materials placed on record, though it is the endeavour of the learned counsel for the petitioner to point out that the violations pointed out are minor, there appears to be several violations which though are stated to be minor if considered cumulatively may have to be interpreted as not in conformi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... laxation from the requirements of the packaging and labelling Regulations. 9.In the light of the above, this Court is inclined to give liberty to the petitioner to move the said authority for one time relaxation. Since the said authority is not been impleaded as a party respondent in this writ petition, this Court suo motu impleaded the Director (Imports), Food Safety and Standards Authority of India, FDA Bhavan, Kotle Road, New Delhi 110 002 as the 3rd respondent in the writ petition. 10.In the light of the above discussion, the Writ Petition is disposed of, by directing the petitioner to file an application before the 3rd respondent seeking one time relaxation and the application shall contain all details and supported by documenta ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
