FSSAI Vs. HEARTLAND TRADING CO. P. LTD.

JUDGEMENT

(1.) The appellant in the MAT is questioning a single Judge decision dated June 30, 2014 allowing the first respondent's W.P. No. 11545 (W) of 2014 under Article 226 of the Constitution of India. The first respondent (hereinafter referred to as "Heartland") imported from Canada edible grade refined oils called Heartland Oliveola Canola Oil Mixture of Canola Oil & Extra Virgin Olive Oil and Heartland Canola Oil both manufactured by one Richardson Oilseed Limited of Canada. The containers concerned reached the Kolkata Port on November 28, 2013 and December 4, 2013.

(2.) A Food Authority, the Food Safety and Standards Authority of India, has been established under S. 4 of the Food Safety and Standards Act, 2006. Import clearance of food articles in all ports is looked after by the Food Authority. Under the Food Import Clearance System followed by the Food Authority, Heartland applied to the officer authorised by the Food Authority for NOC. By an email dated December 24, 2013 the officer informed Heartland as follows: - -

(3.) Since the authorised officer was not taking samples of the articles, Heartland moved this court by filing a W.P. No. 2251 (W) of 2014 under Article 226 of the Constitution of India. By an order dated January 24, 2014 a single Judge disposed of the WP directing the Food Authority "to expedite the process of clearance."