[Per B.P.Colabawalla J.] :-

1. Rule. By consent of parties, rule made returnable forthwith and heard finally.

2. The Petitioner Company is in the business of manufacturing, selling and importing various types of alcoholic beverages including established international brands such as “Jacob's Creek”. It is a Private Limited Company and is an ultimate subsidiary of Pernod Ricard S.A. of France, the world's co-leader in wines and spirits.

3. The Petitioner, by way of the present Petition, seeks an issuance of an appropriate writ for release of its wine products by the brand name of Jacob's Creek, and more particularly described in Exh. ‘E’ to the Petition. These wine products are currently withheld by the Port Authorities - Respondent No.3 (Commissioner of Customs, Nhava Sheva Port, Mumbai) on the ground that Respondent No.2 (Food Safety and Standards Authority of India) (FSSAI) has refused to issue a No Objection Certificate (NOC) with respect to these wine products that are imported by the Petitioner. The ground on which the NOC has been refused is that the sample contains