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2014 (8) TMI 1061 - HC - Indian LawsLaboratory at Ghaziabad be not shut down - respondents stated that the Food Research and Standardisation Laboratory at Ghaziabad is not being shut down. It is only the administration which has been transferred to the Department of Health Services. Also further that the laboratory at Ghaziabad would be further upgraded - Held that:- it has been contended by the petitioner that there is a great disparity between the number of samples being sent to the four FRSL laboratories at Kolkata, Ghaziabad, Mysore and Pune on the one hand and private laboratories on the other hand. In this context, the respondents shall file an affidavit indicating which are the private laboratories which have been authorized to conduct testing of food samples under the Food Safety and Standards Act, 2006 and/ or Rules and / or Regulations made thereunder. The respondents shall also file the connected notifications in this respect, if any. Seeking quashing of guidelines dated 24.01.2013 - Held hat:- what is prohibited under the said Act, Rules and Regulations, but which is permitted under CODEX Alimentarius, will still be regarded as prohibited in terms of the law applicable in India. It is made clear that we have not expressed any opinion as to whether Allura Red is permitted or prohibited under the said Act, Rules or Regulations. It shall be pointed out by respondents in the affidavit which he shall file. Seeking a writ of quo warranto - Held that:- the petitioner has drawn our attention to Section 5 of the said Act and in particular to sub-sections (2) and (3) thereof, which give an indication with regard to the eligibility of the Chairperson of the Food Safety and Standard Authority of India. According to petitioner, the respondent No. 4, who is the Chairperson of the Food Safety and Standard Authority of India, does not have the requisite eligibility inasmuch as he does not have a broad range of relevant expertise and is not a person who has been associated with the subject, as indicated in sub-sections (2) and (3) of Section 5. In this connection also, the respondents may file an additional affidavit setting out their stand with regard to the respondent No. 4 being eligible for the said position as Chairperson of the Food Safety and Standard Authority of India.
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