Adulterated food cannot be cleared for import, while curable labelling defects may be fixed by sticker affixation.

Adulterated fruit jelly could not be cleared for import or release because the Central Food Laboratory report showed the goods were adulterated, and sale of adulterated food for human consumption is prohibited. The clearance order for that item was therefore unsustainable and set aside. Labelling deficiencies in the remaining imported food items, including particulars such as the importer's name and address, batch number, best before date, and vegetarian or non-vegetarian marking, were treated as curable defects. Those omissions could be rectified by affixing a sticker with the required particulars, and release of the remaining goods was upheld.

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Issues: (i) Whether fruit jelly found adulterated by the Central Food Laboratory could be cleared for import and release. (ii) Whether deficiencies in the labelling of the remaining imported food items were rectifiable by affixing a sticker containing the requisite particulars.

Issue (i): Whether fruit jelly found adulterated by the Central Food Laboratory could be cleared for import and release.

Analysis: The report of the Central Food Laboratory showed that the fruit jelly was adulterated. Sale of adulterated food for human consumption is prohibited, and an order permitting clearance of such goods cannot be sustained.

Conclusion: The clearance of the adulterated fruit jelly was unsustainable and was set aside, in favour of Revenue.

Issue (ii): Whether deficiencies in the labelling of the remaining imported food items were rectifiable by affixing a sticker containing the requisite particulars.

Analysis: The defects related only to labelling particulars such as the importer's name and address, batch number, best before date, and vegetarian or non-vegetarian marking. These deficiencies were held to be rectifiable by affixing the necessary information through a sticker.

Conclusion: The labelling defects were treated as rectifiable and release of the remaining goods was upheld, in favour of the respondent.

Final Conclusion: The appeal succeeded only to the extent of the adulterated fruit jelly, while the order allowing rectification and release of the remaining goods was maintained.

Ratio Decidendi: Adulterated food cannot be permitted to be cleared for human consumption, but curable labelling defects in imported food items may be rectified by affixing the required particulars.

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