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2016 (3) TMI 428 - KERALA HIGH COURT

2016 (3) TMI 428 - KERALA HIGH COURT - 2016 (336) E.L.T. 408 (Ker.) - Import of goods - change in the policy - Whether the goods imported are required to satisfy the standards those prescribed in Regulations framed under the FSS Act or not and at the time of import or at the time of release - Appellant imported betel nuts but 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 fru .....

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ety Act will have to be looked into from the stand point of view of the general public. - 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. The standards are prescribed for protecting the public. Therefore, the date of release is relevant not the date of import for the purpose of reckoning standards. - Decided against the appellant - W. P .....

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4.04.2015, 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 Regulatio .....

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nments have been rejected as per Exts.P5 and P6 stating as follows : "1. That the goods do not comply with the standards laid down under Sl. 2.3.47(5) of Food Safety and Standards (Food Products Standards and Food Additives) Regulation, 2011, and 2. That the total Aflatoxin presence in the case of Exhibit P3 consignment was 16 5g/kg and in the case of Exhibit P4, it was 17 5g/kg as against the revised standard of 15 5g/kg." 5. The learned counsel for the petitioner would argue at the t .....

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on at the time of release of the consignment would govern at the time of import, this Court has to consider the nature of right conferred on the petitioner for import and the object of the food safety measures. It is pertinent to refer 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 f .....

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d in the light of the Constitutional Principles, discussed above and endeavour has to be made to achieve an appropriate level of protection of human life and health. Considerable responsibility is cast on the Authorities as well as the other officers functioning under the above mentioned Acts to achieve the desired results. Authorities are also obliged to maintain a system of control and other activities as appropriate to the circumstances, including public communication on food safety and risk, .....

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or pesticides residues, beyond the tolerable limits, causing serious health hazards. We notice, fruit based soft drinks available in various fruit stalls, contain such pesticides residues in alarming proportion, but no attention is made to examine its contents. Children and infants are uniquely susceptible to the effects of pesticides because of their physiological immaturity and greater exposure to soft drinks, fruit based or otherwise." 7. The petitioner's right to import is always s .....

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