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2016 (9) TMI 1371 - HC - Indian LawsParameters laid down for testing of samples under the Food Safety Regulations - validity of test report - whether rejection report is the outcome of non-application of mind? - provision of testing of aluminium content - Held that:- The submission made is not well founded for the reason that the parameters laid down for testing of samples under the Food Safety Regulations could at best considered as illustrative and general parameters and in the process of testing, if the Scientific Officer comes to know that there are certain other components in the samples then he has the duty to report the same in his report. This is what precisely the third respondent has done and submitted the report. The product which is imported by the petitioner is Cocoa Powder which is one of the main ingredient in the manufacture of Chocolates and confectionery items which is being done by the petitioner and they are one of the major players in the market. It cannot be disputed that 90% of the consumers of these confectionery items and chocolates are young children. Therefore, utmost care and caution should be exercises while testing such food products. This Court while exercising the jurisdiction under Article 226 of the Constitution of India cannot examine the validity of test report when there are no other malafides alleged against the Officers who have done the testing. Thus, merely because the third respondent has reported the presence of “heavy metal-Aluminium” in the samples, that by itself cannot vitiate the report by stating that he ought not to have examined the metal content in the samples as the general parameters do not provide for the same. In fact, even as per the general parameters in Regulation 2.11.6 of Food Safety & Standards (Food Product Standards & Food Additives) Regulations, 2011, metal contaminants can be examined for contents of contaminated metals like Lead, Copper, Arsenic, Mercury, Methyl Mercury, Tin, Zinc, Cadmium. Therefore, merely because of non-mentioning of the Aluminium as one of the metal contaminant cannot be a reason to vitiate the impugned test report. Thus the petitioner has not made out any case for interference.
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