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2014 (8) TMI 1058 - HC - CustomsWhether the impugned Advisories which have been issued by Respondent No.2 have the force of law and are within the ambit and scope of the power conferred on Respondent No.2 – Food Authority under the provisions of the said Act and Rules and Regulations framed thereunder - Held that:- this is answered in terms of the views taken by one of us viz. V.M. Kanade, J. and the learned third Judge Ranjit More, J. who have held in their orders that the impugned Advisory viz. Product Approval Advisory dated 11/05/2013 issued by Respondent No.2 does not have force of law and is not within the ambit and scope of the power conferred on the Food Authority under the FSS Act and the Rules and Regulations framed thereunder. Whether Respondent No.2 – Food Authority had the power and authority to issue these Advisories under section 16(1) read with section 16(5) read with sections 18 and 22 of the said Act without following the procedure laid down under Sections 92 and 93 of the Act of placing the Advisories/Regulations before both the Houses of Parliament - Held that:- view taken by majority prevails and accordingly it is held that the Food Authority did not have power and authority to issue these Advisories under sections 16(1) read with section 16(5) read with sections 18 and 22 of the said Act without following the procedure laid down under Sections 92 and 93 of the Act of placing the Advisories/Regulations before both the Houses of Parliament. - Petition allowed and disposed of by virtue of majority view taken
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