Home Case Index All Cases Customs Customs + HC Customs - 2014 (8) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (8) TMI 1039 - HC - CustomsDetention of Import of assorted chocolates - FSSAI has found these chocolates to be non-compliant with the Food Safety Standards Act, 2006 - Held that: -This court by an order dated 04.07.2014 directed FSSAI to forthwith test the petitioner's consignment in accordance with the FICS System. Apparently, the only objection with respect to the eight types of chocolates is with regard to the vegetable oil in the fillings and the same, as discussed earlier, is not sustainable. Accordingly, it is directed that the said goods be cleared subject to the petitioner complying with the other requirements. It is noted that goods in question have been lying in a warehouse since 03.01.2014. The goods being perishable are required to be cleared with utmost expedience. Respondent no.2 is also directed to ensure that clearance of goods is not impeded on account of any further clearances from FSSAI in respect of the eight types of chocolates that FSSAI had found to be non-compliant only in respect of Regulation 2.7.4 of the Food and Additives Regulations. With respect to the eight types of chocolates where the labelling was found to be defective, the petitioner shall cure the same within the customs warehouse by affixing a non-detachable label giving all particulars as are necessary under the Labelling Regulations. The respondent no.2 shall also ensure that sufficient access to the goods is provided to the petitioner in order to enable the petitioner to affix the necessary labels on those goods which have been found to be non-compliant of the Labelling Regulations. FSSAI shall ensure that the goods in question are cleared once the necessary labels have been affixed as directed. - Decided partly in favor of appellant.
|