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TMI Blog2018 (2) TMI 1499X X X X Extracts X X X X X X X X Extracts X X X X ..... e of production and expiry date. The main aspect to be noted herein is that the goods imported from Malaysia got expired long back in the year May 2015 itself, the same cannot be used for human consumption. The raw materials imported is used for manufacturing chocolates which is consumed mostly by children. At this time, even if the goods are handed over to the appellant, the same cannot be used for manufacturing purposes, as the shell life of the raw materials is already expired. From the available records, it is seen that the appellant in their representation dated 23.07.2014 addressed to the fourth respondent have admitted that they would require 3 to 6 months to exhaust the total quantity of goods imported. - there is violation in the i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g confectionery items, cakes, wafers etc., imported as consignment of 12.5 tonnes of Desiccated Coconut Fine Grade from a supplier at Malaysia, M/s.Behn Meyer Chemicals (M) SDN BHD (M/s.BMC), the consignment was imported based on a commercial invoice issued by M/s.BMC, dated 27.05.2014. On 26.05.2014, the consignment arrived at the Chennai Port and Bill of Entry dated 07.06.2014, was filed. On Bill of Entry being presented, the fourth respondent, Deputy Director, Authorised Officer under the Act refused to issue the No Objection Certificate on the ground that the complete address of the manufacturer/packer is not mentioned in the product as required under Regulation 2.2.2:6.(i) of the Regulation. The petitioner submitted a representation on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellant but also satisfy the requirement as because the guidelines would say that if the complete address of the manufacturers is not given in the labels and only name of the manufacturer is given, then his address may be verified from the relevant documents like certificate of analysis, invoice, etc, thereby the address of the manufacturer can be traced from any one of the above links . If the authority views the issue for the purpose of fixing the responsibility of the product which requires NOC then, the person who claims that the said consignment has been addressed to him, in the present case, the appellant can be held responsible in all the respects for the purpose of applying the mandatory provisions of the Regulations, since ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onsignment was in complete violation of regulations. It is submitted that the labels do not provide the mandatory information such as name, complete address of the manufacture as per clause 1(i)(c) of FSSAI guidelines No.1-17/FSSAI/T/2010 (part J) dated 23.03.2012. It is admitted by the appellants, in the certificate of origin in respect of the subject consignment issued by one M/s.Behn Meyer Chemicals (M) SDN BHD, Malaysia states that the goods were produced or processed in Indonesia. 10. On careful perusal of the order passed by the learned single judge, the learned single judge has elaborately discussed the regulations in detail and the relevant particulars about the importer and the manufacturer of the goods and decisions of the vari ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t makes it clear that the name and complete address of the manufacturer and in case the manufacturer is not the packer, the name and complete address of the packer are to be declared on every package of food if the article of food is manufactured or packed by a person under the written authority of the some other manufacturer under its brand name, the label shall carry the name and complete address of the manufacturing or packing unit as the case may be and also the name of complete address of the manufacturer or the company for and on whose behalf it is manufactured or packed or bottled. The consignor/exporter from Malaysia, M/s.BMC is not the 'manufacturer'. Therefore, if it is the case of the supplier that they have been authoris ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ticle 226 and illegal grant of NOC to any other importer for the same articles of food cannot entitle a subsequent importer to seek NOC, as an order for perpetuation of an illegality cannot be passed by the High Court under Article 226 of the Constitution of India. With the above observations, the Hon'ble Division Bench of the Calcutta High Court disagreed with the views of the Delhi and Bombay High Court in the case of United Distributors Incorporation vs., Union of India anr., (supra), Danisco (India) Pvt. Ltd. vs. Union of India Anr. (supra) and Dalmia Continental Pvt., Ltd., vs. FSSAI (supra). In any event, the decisions in those cases were rendered considering the fact situation arising therefrom, since the dispute is with rega ..... X X X X Extracts X X X X X X X X Extracts X X X X
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