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2016 Supreme(Del) 2064

S.MURALIDHAR, VIBHU BAKHRU
UNLIMITED NUTRITION PVT. LTD. – Appellant
Versus
COMMISSIONER OF CUSTOMS – Respondent


Advocates Appeared:
For the Appellant :Mrs. Anjali J. Manish with Mr. Priyadarshi Manish, Advocates.
For the Respondent:Mr. Kamal Nijhawan, Senior standing counsel with Mr. R. Ashok, Advocate for R-1, 3 & 4 along with Mr. Manish Jha, Deputy Commissioner (Customs).
Mr. Mehmood Pracha with Mr. Rudro Chatterjee, Advocates for FSSAI.

ORDER :

S. Muralidhar, J.

1. This writ petition raises important questions concerning the interpretation of the relevant provisions of Food Safety and Standards Act, 2006 (‘FSS Act’) and the functioning of the Food Safety and Standard Authority of India (‘FSSAI’). It also involves interpretation of the relevant provisions of the Food Safety and Standards (Food Products Standards and Food Additives) Regulations 2011 (‘FSS Regulations 2011’) and the Food Safety and Standards (Packaging and Labelling) Regulations 2011 (‘FSS Packaging Regulations 2011’).

The two issues

2. There are two broad issues that arise in this petition. The first concerns the question whether proprietary foods are outside the purview of the FSS Act, the FSS Regulations 2011 and the FSS Packaging Regulations 2011. The second issue is whether on the facts of the present case, the Petitioner can be said to have complied with the FSS Packaging Regulations 2011.

3. The first issue has been comprehensively dealt with by this Court on 18th January 2016. The Court in that order, which will be referred to hereafter, held




























































































































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