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TMI Blog2014 (10) TMI 844X X X X Extracts X X X X X X X X Extracts X X X X ..... specified under the Food Safety and Standards Act, 2006 (for short, the "FSS Act"). Petitioners challenge the said action on two grounds; firstly, with respect to the definition accorded to "food" under Section 3(1) of the FSS Act and; secondly, on the ground that there is no prescription for analysing the standard of betel nuts under the FSS Act. 2. By interim orders of this Court in all these matters, goods were directed to be released to the respective petitioners. Food Safety and Standards Authority filed counter affidavits in some of the matters and also filed memos for adopting counter in other matters. It is contended by the Food Safety and Standards Authority that betel nuts are "food" and they have the power to retain such goods which are imported and found unfit for human consumption. The learned counsel for the Food Safety and Standards Authority also adverted to the decision of the Hon'ble Supreme Court in Centre for Public Interest Litigation v. Union of India and others [Manu/SC/1094/2013] wherein paras.21 and 22 reads as follows: "21. We may emphasize that any food article which is hazardous or injurious to public health is a potential danger to the fundamental ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ltivation, picking, harvesting, collection or catching in the hands of a person other than a farmer or fisherman." 4. The learned counsel for the petitioners relying on the judgment of the Hon'ble Calcutta High Court in Gokul Refoils Solvents Pvt. Ltd. v. Union of India and others [Manu/WB/0419/2011] submits that betel nut is not "food" as defined under Section 3(j) of the FSS Act. The above case is referred to importing crude palm oil. It is held in the above case as follows: "Thus, unless the item is intended to be used for human consumption the same at any rate cannot come within the definition of food. No material has been placed before us indicating that the intention of the Appellant to use the imported item in that very form for human consumption." Therefore, the petitioners submit that unless the imported items are intended for immediate human consumption without involvement of any intermediary process, it cannot be treated as a "food". 5. I am unable to accept the arguments advanced by the petitioners that betel nuts cannot be considered as "food". The definition of "food" is expansive in Section 3(j) which includes any type of substance whether proces ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e same kind or nature' - signifies a principle of construction whereby words in a statute which are otherwise wide but are associated in the text with more limited words are, by implication, given a restricted operation and are limited to matters of the same class or genus as preceding them. If a list or string or family of genus-describing terms are followed by wider or residuary or sweeping-up words, then the verbal context and the linguistic implications of the preceding words limit the scope of such words." 9. In Commissioners of Customs and Excise v. Savoy Hotel, Ltd. [(1966) 2 All E.R.299] the issue was whether a hotel guest who ordered orange juice was served with the juice of a single orange, unsweetened, freshly pressed out to his order is liable to Purchase Tax within the description "manufactured beverages", including fruit juices. It was held that a portion of orange juice, so prepared and served, was not a "manufactured beverage" and the description "including fruit juices" was to be construed in the context of the words which preceded it. 10. In M/s. Rohit Pulp and Paper Mills Ltd. v. Collector of Central Excise, Baroda [AIR 1991 SC 754], it w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l and Political Rights, 1966 held that while considering fundamental right expressly granted in the Constitution, international covenants and norms can be relied on. In Vishaka and others v. State of Rajasthan and others [(1997) 6 SCC 241], the Hon'ble Supreme Court held that in the absence of domestic law occupying the field, to formulate effective measures to check the evil of sexual harassment of working women at all workplaces, the contents of international conventions and norms are significant for the purpose of interpretation of the guarantee of gender equality, right to work with human dignity and in Articles 14, 15, 19(1)(g) and 21 of the Constitution of India and further held that any international convention, not inconsistent in the fundamental rights and in harmony with its spirit must be read into these provisions to enlarge the meaning and content thereof, to promote the object of the constitutional guarantee. The World Trade Organisation (WTO) agreement on the application of sanitary and phytosanitary measures (SPS Agreement) provides that in cases where relevant scientific evidence is insufficient, a Member State may provisionally adopt sanitary or phytosan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sions of the Plant, Fruits and Seeds (Regulation of Import into India) Order 1989 and the Plant Quarantine (Regulation of Import into India) Order, 2003, would ensure the same. However, we leave it to the Customs Authorities to ensure, but without causing any delay in clearance of the goods on account of that, taking into account the perishable nature of the goods." 15. There is constitutional duty cast upon the Food Safety and Standards Authority as rightly pointed out by the learned counsel for the Food Safety and Standards Authority relying on the decision of the Hon'ble Supreme Court in the Centre for Public Interest Litigation case (supra). The State has the duty to protect human life as well, which may put to threat on account of contamination or adulteration in food substance. Therefore, in appropriate circumstances, the authorities can refuse to release goods which are imported by taking a view that these goods for reasons to be assigned will result in potential danger to human life. The authorities must form an opinion in such situation to the effect that imported goods can even, after undergoing some other processes cannot be made fit for human consumption. It is onl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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