TMI Blog2015 (3) TMI 1178X X X X Extracts X X X X X X X X Extracts X X X X ..... ncerned, the said contention is misconceived and untenable since merely because there is no specific provision or regulation prescribing requirement of mentioning both dates differently, the petitioner cannot be permitted to take advantage of it for the purpose of mentioning the dates as per his whims and fancies in order to get the maximum marketable period, i.e. till the date of expiry by mentioning that the product will be best till its expiry. It is settled law that while interpreting a statute, we should not only take into consideration the purpose for which the statute was enacted, but also the mischief it seeks to suppress. Any dificiency in the provision of the Act or regulations itself does not give a right to the party to invoke the same to suit his claim or his puprose which, on its result, would have a considerable negative impact on others. In this regard, it is worthwhile to refer a decision of the Hon'ble Supreme Court reported in Badsha versus Urmila Badshah Godse and another [2013 (10) TMI 1409 - SUPREME COURT]. Purpose of labelling is not to be ascertained by any one for diluting the rigorous of the regulations and importing the concept of substantial complianc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the said regulation was complied with and hence, refusing to draw the samples is arbitrary. Since no response evoked, the petitioner has filed the present writ petition. 4. A counter affidavit has been filed on behalf of the first respondent, wherein, it is stated that as per the guidelines issued by the FSSAI, in case of wholesale packages if contain both 'Best Before Date' and 'Expiry Date', the two should be different and clearly specified and not one and the same. On verfication of the consignment of the petitioner, it was found that both the dates mentioned on the lables of the product, are one and the same same, i.e. 30.04.2016 and therefore, it is in violation of the above said regulation. Hence the impugned order has been passed. In fact, on earlier occasion, though the petitioner had committed similar violation, in the interest of business and facilitation of trade, the petitoner was given one time relaxation and granted NOC to import the consignment, subject to the undertaking given by the petitioner to the effect that in all future consignments, the petitioner will comply with the requirement of mentioning both the dates differently. Therefore, hav ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (1) defined 'best before' which reads under: Best before means the date which signifies the end of the period under any stated storage conditions during which the food shall remain fully marketable and shall retain any specific qualities for which tacit or express claims have been made and beyond that date, the food may still be perfectly safe to consume, though its quality may have diminished. However the food shall not be sold if at any stage the product becomes unsafe. Clause (10) defined Use-by date or recommended last consumption date or Expiry date , which reads as under: Use - by date or Recommended last consumption date or Expiry date means the date which signifies the end of the estimated period under any stated storage conditions, after which the food probably will not have the quality and safety attributes normally expected by the consumers and the food shall not be sold. 9. A plain reading of the above, it is understood that there is a distinction between best before and expiry . The meaning attached to phraseology- best before is that the period during which the product shall remain fully marketable and shall retain in speci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate perplexity in the minds of the consumers. 10. At this juncture, it is worthwhile to extract Section 23 of the Act, 2006, which reads as under: 23. Packaging and labelling of foods. (1) No person shall manufacture, distribute, sell or expose for sale or despatch or deliver to any agent or broker for the purpose of sale, any packaged food products which are not marked and labelled in the manner as may be specified by regulations: Provided that the labels shall not contain any statement, claim, design or device which is false or misleading in any particular concerning the food products contained in the package or concerning the quantity or the nutritive value implying medicinal or therapeutic claims or in relation to the place of origin of the said food products. (2) Every food business operator shall ensure that the labelling and presentation of food, including their shape, appearance or packaging, the packaging materials used, the manner in which they are arranged and the setting in which they are displayed, and the information which is made available about them through whatever medium, does not mislead consumers. 11. A perusal of the above, it is clear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ar Nigam and others reported in (2014) 1 SCC 199 and Jai Prakash Singh veresus State of Bihar and another reported in (2012) 4 SCC 379. The sum and substance of the contention of the learned counsel for the respondent is that where alternative constructions are possible, the court must give effect to that which will be responsible for smooth working of the system for which statute has been enacted and the Court may not exercise its discretion in derogation of established principles of law, rather it has to be in strict adherence to them and the Court must not yield to spasmodic sentiment to unregulated benevolence. 14. In fact, in the guidelines, dated 24.1.2013 as well as in the Regulations, 2011, as contended by the learned counsel for the petitioner, there is no requirement to mention both 'best before date' and 'expiry date'. it is not in dispute that wholesale package can have either 'best before date' or 'expiry date'. But in case if the manufacturer intend to give both dates, then two dates should be different and clearly specified. Therefore, the choice is left to the manufacturer either to give expiry date or best before date or to giv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . It can be said that the history of law is the history of adapting the law to societys changing needs. In both constitutional and statutory interpretation, the court is supposed to exercise discretion in determining the proper relationship between the subjective and objective purposes of the law. 15. Purpose of labelling is not to be ascertained by any one for diluting the rigorous of the regulations and importing the concept of substantial compliance therewith. It is not that validity of any provision is in issue. Strict compliance principle seems to be the requirements of the regulations dictated by public interest that must prevail over any private interest of an importer. 16. In view of the above discussion, I am of the view that the Authorized Officer was fully justified in not taking samples of the articles of food for the NOC purpose on the ground that the label on the product did not fulfil requirement of the Regulations, 2011. In fact, there is no impediment under the Regulations, 2011 for the petitioner either to mention best before date or expiry date, however, when he prefers to mention both, he has to fulfill the requirement that both dates should be differen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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