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TMI Blog2016 (9) TMI 723X X X X Extracts X X X X X X X X Extracts X X X X ..... dent and Ms.H.Yasmeen Ali, learned counsel for the respondents 3 and 4, and with their consent, the writ petition is taken up for final disposal. 2. The petitioner has filed this writ petition seeking for issuance of a writ of mandamus to direct the respondents 3 and 4 to send the samples of MILO products from the consignment ID No.ICA20160500021167 bearing product Code No.19019010 and covered by the Bill of Entry No.5177554 and to issue No Objection Certificate for the same for local consumption. 3. Though the petitioner sought for only a writ of mandamus to effect the drawl of samples, by then, the respondents 2 and 3 have examined the consignment and a rejection report dated 31.05.2016 has been issued and the rejection report states as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... after considering the materials placed before it, pointed out that the technical matters have to be considered by the competent authority under the Food Safety and Standards Act, 2006, and such an exercise could not be done in a writ petition. However, taking note of the fact that the importer has other remedies available under the Act, the writ petition was disposed of with certain directions. 7. At this juncture, it is useful to refer to the order passed in the above said writ petition. Paragraph Nos.7 to 11 thereof are extracted below: "7. After elaborately hearing the learned counsel for the parties and perusing the materials placed on record, though it is the endeavour of the learned counsel for the petitioner to point out that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , Kotle Road, New Delhi 110 002 is the superior authority over the 1st respondent and is also a competent authority to examine as to whether the petitioner can be granted one time relaxation from the requirements of the packaging and labelling Regulations. 9. In the light of the above, this Court is inclined to give liberty to the petitioner to move the said authority for one time relaxation. Since the said authority is not been impleaded as a party respondent in this writ petition, this Court suo motu impleaded the Director (Imports), Food Safety and Standards Authority of India, FDA Bhavan, Kotle Road, New Delhi 110 002 as the 3rd respondent in the writ petition. 10. In the light of the above discussion, the Writ Petition is dispose ..... X X X X Extracts X X X X X X X X Extracts X X X X
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