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1989 Supreme(Cal) 350

BABOO LALL JAIN
I. T. C. LIMITED – Appellant
Versus
CHIEF CONTROLLER OF IMPORTS AND EXPORTS – Respondent


BABOO LALL JAIN, J.

( 1 ) THE petitioner No. 1,i. T. C. Limited has been an exporter of marine products since 1972. The case of the petitioner is that since 1972 and upto 1987, the petitioner No. 1 exported such marine produce of the value of more than Rs. 50 crores.

( 2 ) ON 26th August, 1986 a letter was received by the writ petitioner M/s. I. T. C. Limited, wherein it was pointed out that one consignment of 300 master cartons of frozen shrimps exported to Japan by M/s. I. T. C. Limited, Calcutta, per vessal "president Eisen Hower" to M/s. Hanwa Co. Ltd. had been found to be contaminated with Vibrio Cholera germs. By the said letter the Deputy Director (Lab) asked the writ petitioner to take various precautions during the course of manufacture and to ensure the hygienic handling of the products, during the processing and packing operations. The Deputy Director (Lab) also intimated that it had been decided that total sampling and inspection will be taken.

( 3 ) ON 2nd September, 1986 a letter was issued by the Export Inspection Agency, Calcutta to M/s. Triveni Food Products. The said M/s. Triveni Food Products were the manufacturer of the said consignment which was found at Jap


























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