ARCHER DANIELS MIDLAND CO Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner exported 66,043.600 MT of wheat to India for Food Corporation of India through State Trading Corporation of India . On arrival, samples were taken out for testing. On analysis by the Food Laboratory, wheat was not found to be conforming to the standards as laid down under the provisions of Prevention of Food Adulteration Rules, 1955, [for short the Rules .]

(2.) The case of the petitioner is that wheat in question was in seven separate hatches containing approximately 9,000 MT in each hatch. Samples were taken from Hatch Nos. 2 and 3 and got mixed and made one sample. Similarly, samples were taken from Hatch Nos. 1, 4, 5, 6 and 7 and got mixed and made another sample. When they were sent for testing, it was found that they do not conform to the standards as laid down under the Rules. When the goods were loaded from Canada , analysis report of samples drawn by SGS and Phytosanitary Certificate forwarded to respondent No. 4 confirmed the quality of wheat. The case of the petitioner is that, even assuming something is wrong in one part of wheat contained in one Hatch or other, but, when the infested wheat is mixed with the wheat of other Hatches, they, though conforming to the standards as laid down under the Rules, but, due to mixing, may not conform to the standards as laid down under the Rules and that quantity of uncontaminated wheat would also fail the test.

(3.) This fact has not been disputed by the respondents-Authorities that, while wheat samples were taken from Hatches Nos. 2 and 3, the samples have got mixed and made one sample. Similarly, wheat samples taken from Hatches Nos. 1, 4, 5, 6 and 7 have also got mixed and made another sample.