TMI Blog2016 (9) TMI 1371X X X X Extracts X X X X X X X X Extracts X X X X ..... as illustrative and general parameters and in the process of testing, if the Scientific Officer comes to know that there are certain other components in the samples then he has the duty to report the same in his report. This is what precisely the third respondent has done and submitted the report. The product which is imported by the petitioner is Cocoa Powder which is one of the main ingredient in the manufacture of Chocolates and confectionery items which is being done by the petitioner and they are one of the major players in the market. It cannot be disputed that 90% of the consumers of these confectionery items and chocolates are young children. Therefore, utmost care and caution should be exercises while testing such food products. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f either side, the writ petition itself is taken up for disposal. 2. The petitioner seeks for issuance of Writ of Certiorarified Mandamus to quash the rejection report issued by the third respondent which is a Central Food Laboratory, whereby the samples drawn from the goods which is sought to be imported by the petitioner was found to contain certain materials and therefore, a rejection report has been submitted. The remarks in the rejection report is to the following effect: Remark: As per lab analysis report the sample does not conform to the standard as laid down under Regulation 2.11.6 of Food Safety Standards (Food Product Standards Food Additives) Regulations, 2011 and as per FSSAI Methods and Standards for Imported Foo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ame in his report. This is what precisely the third respondent has done and submitted the report. The product which is imported by the petitioner is Cocoa Powder which is one of the main ingredient in the manufacture of Chocolates and confectionery items which is being done by the petitioner and they are one of the major players in the market. It cannot be disputed that 90% of the consumers of these confectionery items and chocolates are young children. Therefore, utmost care and caution should be exercises while testing such food products. 6. This Court while exercising the jurisdiction under Article 226 of the Constitution of India cannot examine the validity of test report when there are no other malafides alleged against the Officers ..... X X X X Extracts X X X X X X X X Extracts X X X X
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