MONDELEZ INDIA FOODS LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petitioner imported Coco bean from Indonesia. Ext. P7 is the Certificate of Analysis by the Referral Food Laboratory, Mysore. In Ext. P7, it is mentioned that the sample does not conform to the standards laid down for Dry Fruits and Nuts under the provisions of Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011. Based on Ext. P7, the second respondent refused to issue NOC to the petitioner. Accordingly, the goods are detained. Petitioner approached this Court challenging the action of the respondent. According to the petitioner, Coco bean cannot be considered as a dry fruit or nuts. It is further submitted that coco bean will not come under the Food Safety and Standards Act, 2006. In this matter, the second respondent filed a detailed statement along with W.P(C). No. 11616 of 2014. Relying on the judgment of the above, the Standing Counsel would submit that petitioner's foods are not liable to be released for the reason that it do not conform to the Food Safety Standards.

(2.) This Court in judgment in W.P(C). No. 11616 of 2014 was dealing with fermented and dried coco beans and refused to interfere with the action of the respondents stating that the coco beans imported were contaminated with fungal growth and also on the premise that coco beans would come under the meaning of food product within the schedule of the said Act. It is disputed that the coco bean will come under the food product. I am not entering into the dispute as the coco bean is a food or not for the simple reason that Ext. P7, proceedings would indicate that the standards are applicable to dry fruits and nuts are made for the analysis of the standards of coco bean which prima facie an erroneous procedure. This would indicate that there are no prescribed standards for the coco bean. The coco bean by its very nature cannot be equated with a dry fruit or nuts. The coco bean is nothing but a 'seed'. The dry fruits and nuts is defined under clause 2.3.47.5 of the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011. On a mere reading of clause 2.3.47.5, I am of the view that the coco bean cannot be equated with dry fruit and nuts. In fact, petitioner relies on Ext. P10, standard prescribed for coco bean by the Bureau of Indian Standards. The specifications therein based on the nature of the coco bean is totally varying from the dry fruit and nuts as mentioned in the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011. No doubt, if there is any prescription of the standards with regard to the coco beans, necessarily, the product shall conform to such standards. In the absence of that, the following directions are issued :