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2015 (9) TMI 454 - HC - CustomsRelease of Consignment - import of Canola Oil – Labels not in conformity with Packaging and Labelling Regulations – In past petitioner was permitted to import Canola Oil and no objection was taken by respondent No.1, but consignments imported in January and June, 2014 was rejected on ground that label does not conform to Packaging and Labelling Regulations under Clause 2.2.2(2), which was published on respondent-1 website – Held that:- label prima facie appears to be in complete conformity with clause – Therefore, action of rejecting said consignments is absolutely arbitrary – Pertinent to note that Food Authority, after having rejected consignment of January, had cleared consignment of same product in April and thereafter again in June consignment of same product was rejected – Action of Food Authority, therefore, is arbitrary and is violative of Article 14 of Constitution of India – Food Authority to clear consignments which have been detained by them, subject to compliance of provisions of other relevant Act, Rules and Regulations – Decided in favour of Assesse.
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