RAMESH KUMAR Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) THE petitioner imported a consignment of 1700 kgs. of alkalised cocoa powder and filed a bill of entry at ICD, Tughlakabad on 19 -4 -2014. Apparently, the consignment was inspected on 1 -5 -2014 by the second respondent, i.e. Food Safety and Standards Authority of India (FSSAI). Subsequently, on 5 -5 -2014, the authorized officer of the FSSAI was of the opinion that the "expiry date" or the "use by date" was not mentioned in the original label which was a mandatory requirement under Paragraph 2.2.2(1) of the FSS (Packaging and Labelling) Regulations, 2011. The said order/letter written to the Deputy Commissioner of Customs, ICD, Tughlakabad reads as follows: -

(2.) THE petitioner's contention is that the label which was affixed on the imported packaging is permissible having regard to the terms of Paragraph 2.2.2(10). Reliance is placed upon the guidelines issued by the FSSAI on 24 -1 -2013 in this regard. The relevant part of the said guidelines reads as follows: -

(3.) IT is urged that a look at a label in this case would reveal that it was affixed by the Malaysian exporter and, therefore, fulfilled the conditions spelt out in the guidelines. A sample copy of the label has also been annexed to these proceedings.