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2014 (5) TMI 483 - HC - CustomsImport of 20kgs of Oats for home use - Denial of re packing of goods - Misbranding of products - Whether the CESTAT is right in allowing appeal of the importer when Rule 32 of Prevention of Food adulteration Rules, 1955, specifies that the name of the goods, list of ingredient, name and complete address of the manufacturer, name and address of the importers, net content by weight or volume, Lot / ode / Batch Identification, date of manufacturing and packing, expiry date / best before date, country of origin and instructions for use, should be indicated on the package, is it correct to allow goods without date of manufacture and name and complete address of the manufacturer into India and allowing them o put the details on repacking in India after import. Held that;- It is obligatory on the part of the first respondent/ importer to strictly adhere to the PFA Act and Rules framed there under and if the statue prescribed a thing to be done in a particular manner, it should be done only in that manner and not in any other manner. Since the first respondent / importer has failed to adhere to the said statue and rules framed t here under, and the Customs authorities were also mandated in the above said circulars/ instructions to strictly comply with the provisions of the PFA Act and rules framed there under, the non - furnishing of the full address of the manufacturer and the d ate of manufacturer, on the part of the first respondent/ importer, cannot be condoned. The Tribunal has not referred to any rules or regulations under which it can direct the authorities to re–pack and re–label the impugned goods in custom bonded premises and, thereafter, test the same. In view of the subsequent development, viz., the shelf life of the product itself has expired. No useful purpose will be served in re–packing and re–labeling the imported food product for the purpose of testing it - Decided in favour of Revenue.
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