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2014 (10) TMI 844 - KERALA HIGH COURTDetention of imported betel nuts at Cochin Port - Rejection of samples - on the ground that samples do not conform to the standards specified under the Food Safety and Standards Act, 2006 (for short, the "FSS Act") - Held that:- Unable to accept the arguments advanced by the petitioners that betel nuts cannot be considered as "food". The definition of "food" is expansive in Section 3(j) which includes any type of substance whether processed or unprocessed, which ultimately is intended for human consumption would attract the meaning of food within clause (j) of Section 3. The meaning of food do not depend upon immediate or proximate use of the substance for human consumption. The only criteria to determine a substance is food or not is whether the substance is intended for human consumption or not. The ultimate purpose must be for human consumption. Therefore, any substance which is intended for human consumption would fall within the definition of food as defined under the FSS Act. Betel nut cannot be a dry fruit coming under the standards prescribed under PFA Act and further held that betel nuts imported cannot be subjected to the tests for the standards prescribed for dry fruits and nuts. Also of the view that though Al Marwa's case (2007 (1) TMI 554 - Kerala High Court ) was under the Prevention of Food Adulteration Act (for short, the "PFA Act") there is no difference in prescription of standards in respect of dry fruits and nuts under the PFA Act or FSS Act. Therefore, for non conformity of the standards prescribed for dry fruits and nuts, betel nuts imported by the petitioners cannot be detained. Considering the facts and circumstances, it is of the view that since the goods have been allowed to be released by interim orders of this Court, no further reliefs are required in these writ petitions.
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