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2016 Supreme(Online)(KER) 31794

HIGH COURT OF KERALA
A. Muhamed Mustaque, J
FIRDOUSE INTERNATIONAL TRADING CO – Appellant
Versus
AUTHORISED OFFICER    Advocate -SRI MEHMOOD PRACHA – Respondent


JUDGMENT

The short question in this writ petition is whether the goods imported are required to satisfy the standards those prescribed in Regulations framed under the FSS Act at the time of import or at the time of release.

2. The petitioner imported betel nuts through Cochin Port. On 24.04.2015, the 2nd respondent, an Authorised Officer under the Food Safety and Standard Authority of India refused to issue NOC on the ground that the betel nuts did not satisfy the standards for dry fruits and nuts. The action of the 2nd respondent was challenged in W.P.(C) No.15407/2015. This Court disposed the writ petition on 15.09.2015 directing as follows :

“(1) That betel nut is a primary food which requires to be tested and approved by the FSSA in terms of the Contaminants Regulations, 2011.

(2) That the betel nuts imported by the petitioners, if it complies with the standards fixed for aflatoxin in the Contaminants Regulations, 2011, shall be released to them and it it does not prescribe the standards, it shall be open for the FSSA to issue appropriate directions in that regard.”

3. The only issue now remains in this writ petition as to the satisfaction of the standards fixed for aflatoxin in the

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