TMI Blog2013 (6) TMI 578X X X X Extracts X X X X X X X X Extracts X X X X ..... he petitioner for further reprocessing, so that on such further reprocessing the consignment can be brought within the norms prescribed under the Rules. Further opportunity given to the petitioner for reprocessing the material further so as to bring it within the norms laid down under the Rules and to present the sample for further examination by the said Laboratory. In other words, so long the Central Food Laboratory, Mysore, will not clear the material on such test after further processing, the Directorate of Revenue Intelligence (D.R.I.) Authority will not release the goods for the purpose of human consumption. The petitioner is, therefore, at liberty to further reprocess the material and to present the sample on such reprocessing for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat in the past in respect of the selfsame article, the matter came up before this Court and ultimately, a Division Bench of this Court passed the following order : 8. In view of the aforesaid discussion, paragraph 18 of the order dated 17-1-2011 passed in Special Civil Application No. 15744 of 2007 is modified in the following terms : 18. The respondent-authorities are directed as under : (i) At the first instance, the petitioners shall be permitted to re-process 135.950 MT of imported cargo, which is lying at its plant at Thor, District Mehsana; (ii) After the goods have been reprocessed, the respondents shall send samples of the re-processed goods to the Central Food Laboratory, Mysore, for testing as to whether the re-proces ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that in view of specific direction given by a Division Bench of this Court to examine the reprocessed goods at Central Food Laboratory, Mysore, for testing as to whether the reprocessed goods are fit for human consumption conforming to the standard of Cottonseed Oil prescribed in the Rules, there is no scope of setting aside the result of the said Laboratory on the basis of result obtained on testing by a different laboratory. 5. We, however, find substance in the contention of Mr. Trivedi, learned Senior Advocate appearing on behalf of the petitioner that the sole intention of the earlier order of this Court was to see that the consignment in question is not released so long as it does not meet the standard prescribed by the Rules, 1955, ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
