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2014 (9) TMI 1041 - KERALA HIGH COURTSeeking directions for release of goods - Imported Coco beans - Samples failed to conform the standards laid down for Dry Fruits and Nuts under the provisions of Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011 and hence detained - Non issuance of NOC - Appellant contended that Coco beans can not be considered as dry fruit or nuts and do not come under the Food Safety and Standards Act, 2006 - Held that:- the standards applicable to dry fruits and nuts are made for the analysis of the standards of coco bean is prima facie an erroneous procedure. There are no prescribed standards for the coco bean. The coco bean by its very nature and on reading of the clause 2.3.47.5 of the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011 under which dry fruits and nuts are defined, cannot be equated with a dry fruit or nuts. The specifications therein based on the nature of the coco bean is totally varying from the dry fruit and nuts as mentioned in the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011. Therefore, in the absence of any prescription of the standards with regard to the coco beans, necessarily, the imported goods shall be released to the petitioner. - Petition disposed of
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