M.J. INTERNATIONAL Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) LEARNED Counsel for the respondent accepts notice of rule.

(2.) THE matter is taken up for final disposal with the consent of learned Counsel for the parties.

(3.) THE petitioner imported cloves in March 2004 and samples were drawn by the Food inspector on 30.3.2004. However, samples were sent to the Public Analyst on 30.4.2004. The sample failed on account of the fact that the Organic extraneous matter was found to the extent of 5.03% as against permissible maximum limit of 2%. The grievance of the petitioner is that firstly the samples have been drawn only from 24 bags out of 240 bags and that the extraneous material comes as a consequence of the cloves plucked from the trees. The second contention of learned Counsel for the petitioner is that the samples were sent only on 30.4.2004 after a lapse of one month to Central Food Laboratory (CFL) while requirement of Section 11(3) of the Prevention of Food Adulteration Act, 1954, is of sending the sample to the Public Analyst on the next day. There is sanctity to this provision in view of the fact that Section 13(2) gives a right to a person in case of an adverse report to make an application for re -analysis of the sample.