FOODLEVER INDIA PVT LTD Vs. SENIOR INSPECTING OFFICER

JUDGEMENT

(1.) HEARD the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents.

(2.) IT has been stated that the petitioner company is engaged in the business of importing and distribution of chocolates and other related products. The petitioner company had imported 18000 kilograms of dark compound chocolates, from Singapore, vide Bill of Entry No.5660421, dated 5.1.2012, and had presented the same for assessment, before the second respondent. The second respondent had instructed his officers to physically examine the goods, to verify whether the contents matched with the declaration given in the Bill of Entry. The imported goods were also to be verified for compliance with the provisions of the Food Safety and Standards Act, 2006, (hereinafter referred to as `the Act) and the rules framed thereunder. Accordingly, the matter has been referred to the first respondent, to certify whether the goods in question had fulfilled all the necessary requirements.

(3.) THE learned counsel appearing on behalf of the petitioner had submitted that the decision of the first respondent not to take samples of the goods imported by the petitioner is arbitrary and illegal. THE communication, dated 12.1.2012, issued by the first respondent, is not in accordance with the law governing the subject. Regulation 2.2 of the of the Regulations stipulates the manner in which an article or food has to be labelled. THEre is no requirement that the declarations required to be made under the Act and the Regulations, in respect of the food items, have to be printed on the cover or the wrapper of the product. In fact, Regulation 2.2.1.1 states that every pre-packaged food shall carry a label containing information, as required thereunder. 2.2.1.4 states that the labels in pre-packaged foods shall be applied in such a manner that they will not become separated from the container. It only means that the necessary declarations can be made on a label, which has to be securely affixed on the package.