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2014 (9) TMI 1032 - HC - CustomsImport of edible grade refined oils - need for obtaning product approval for canola oil from FSSAI - Since the authorised officer was not taking samples of the articles, Heartland moved this court by filing a WP No.2251 (W) of 2014 under Article 226 of the Constitution of India. - refined oils called Heartland Oliveola Canola Oil Mixture of Canola Oil & Extra Virgin Olive Oil and Heartland Canola Oil both manufactured by one Richardson Oilseed Limited of Canada. Held that:- the authorised officer was fully justified in not taking samples of the articles of food for the NOC purpose on the grounds that the labels on the articles did not fulfil several mandatory requirements of the Food Safety and Standards (Packaging and Labelling) Regulations, 2011. Heartland was not entitled to claim an enforceable right to rectify the labelling deficiencies saying that the government had permitted import of the oils; and that the Food Authority officials had previously granted NOC to others who imported the oils and similar oils, still being sold in the market. Rectification of a labelling deficiency not permissible under any law cannot be ordered by the High Court in exercise of power under Article 226; and in any case, illegal grant of NOC to any other importer for the same articles of food cannot entitle a subsequent importer to seek NOC. An order for perpetuation of an illegality cannot be passed by the High Court in exercise of power under Article 226. - Decided against the respondents / imports.
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