Subscription   Feedback   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Articles Highlights TMI Notes SMS News Newsletters Calendar Imp. Links Database Experts Contact us More....
Extracts
Home List
← Previous Next →

Firdouse International Trading Co. Versus Commissioner of Customs, Authorised Officer, Food Safety And Standards Authority of India

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 fruits and nuts - Held that:- the petitioner's right to import is always .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

e 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 (C). No. 857 of 2016 (F) - Dated:- 3-2-2016 - A. Muhamed Mustaque, J. .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

fety 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 c .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

quot;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 time of import, the prescribed standard for betel nuts on aflatoxin is .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

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 fundamental right to life guaranteed under Article 21 of the Constituti .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ndeavour 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, food safety surveillance and other monitoring activities covering all .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

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 subject to the policy of India. The importers have no right to import a .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

what is new what is new
  ↓     Update Alerts     ↓  


|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version