2016 (3) TMI 428

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..... ugh Cochin Port. On 24.04.2015, the 2nd respondent, an Authorised Officer under the Food Safety and Standard Authority of India refused to issue NOC on the ground that the betel nuts did not satisfy the standards for dry fruits and nuts. The action of the 2nd respondent was challenged in W.P.(C) No.15407/2015. This Court disposed the writ petition on 15.09.2015 directing as follows : "(1) That betel nut is a primary food which requires to be tested and approved by the FSSA in terms of the Contaminants Regulations, 2011. (2) That the betel nuts imported by the petitioners, if it complies with the standards fixed for aflatoxin in the Contaminants Regulations, 2011, shall be released to them and it it does not prescribe the standards, it .....

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..... er the judgment of the Hon'ble Supreme Court in Centre for Public Interest Litigation v. Union of India [2014 (2) KLT Suppl.52 (SC)] . "21. We may emphasize that any food article which is hazardous or injurious to public health is a potential danger to the fundamental right to life guaranteed under Article 21 of the Constitution of India. A paramount duty is cast on the States and its authorities to achieve an appropriate level of protection to human life and health which is a fundamental right guaranteed to the citizens under Article 21 read with Article 47 of the Constitution of India. 22. We are, therefore, of the view that the provisions of the FSS Act and PFA Act and the rules and regulations framed thereunder have to be inter .....

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..... mport is always subject to the policy of India. The importers have no right to import any food articles which is hazardous or injurious to the public health. The regulatory mechanism and the standards under the FSS Act are to ensure and protect the public from possible health hazards and risks and not intended to confer any right on the importer or the distributor or the manufacturer of the product. Therefore, the standards under the Food Safety Act will have to be looked into from the stand point of view of the general public. 8. The legitimate expectation of the importer would always subject to the policy change of the State. If the law is changed as on the date of release, the importer is bound by the law on the date of release as alrea .....

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