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2020 Supreme(Ker) 84

S.MANIKUMAR, SHAJI P.CHALY
V. B. Muraleedharan, S/o. Balakrishnan – Appellant
Versus
Assistant Commissioner of Food Safety Office of The Food Safety Commissioner, Kasaragod – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri.V.C.Madhavankutty
For the Respondent: Sri.Aravindkumar Babu

JUDGMENT :

S. MANIKUMAR, J.

1. Instant writ appeals are filed by the petitioner in W.P(C) Nos.35151 of 2018 and 28041 of 2018, being aggrieved by the judgments dated 12.04.2019 and 17.09.2018, wherein the writ petitions, as well as the review petition were dismissed by the writ court.

2. Short facts leading to the appeals are that, appellant is the proprietor of Amrutha Oil Products. Respondents have declared the product, as misbranded, based on the reports dated 6.9.2018 and 6.10.2018 (ExhibitsP5 and P6) of the Food Analyst, Regional Analytical Laboratory, Kozhikode, respondent No.2, wherein it was stated that “the label on the package bears the design of Coconut, which is false, misleading and the package is deceptive with respects its contents”.

3. Appellant has stated that the product is blended edible vegetable oil, which is a combination of 80% Raw Coconut Oil and 20% RBD Palmolin Oil by weight. Appellant has further stated that the content of the packet is clearly written on the packet with weight and the package, and, therefore, in no way, is deceptive with respect to its

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