Imported food must meet Indian safety standards at clearance, and writ jurisdiction cannot compel release of non-conforming consignments.

Imported food must satisfy the Food Safety and Standards Act, 2006 at the time of clearance, and a writ court under Article 226 cannot compel release of a consignment that is found non-conforming on testing. Section 25 bars import of unsafe, misbranded, sub-standard food or food containing extraneous matter, and the statutory scheme requires Indian standards to be met at the point of entry. A prior certificate from the exporting country does not override this requirement, and later requests for re-testing or equitable relaxation do not justify mandamus for clearance.

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Issues: Whether a writ court under Article 226 of the Constitution of India can direct clearance of imported food items that do not conform to the standards prescribed under the Food Safety and Standards Act, 2006.

Analysis: Section 25 of the Food Safety and Standards Act, 2006 prohibits import of unsafe, misbranded, sub-standard food and food containing extraneous matter. The statutory scheme defines food, primary food, sub-standard food and unsafe food, and entrusts the Food Authority with the duty to regulate and monitor import so that only safe and wholesome food enters the country. The relevant inquiry is at the time of clearance at the point of entry. A prior certificate from the exporting country does not displace the requirement that the consignment satisfy Indian standards when imported. Where the consignment is found non-conforming on testing, the writ court cannot compel its release merely on equitable considerations or on the basis of later requests for re-testing or relaxation.

Conclusion: The writ court has no power to direct clearance of imported food items found to be sub-standard or otherwise non-conforming to the statutory standards; the request for release fails.

Final Conclusion: The petitioner was not entitled to mandamus for release of the consignment, and the challenge to the refusal of clearance failed.

Ratio Decidendi: Imported food must satisfy the Food Safety and Standards Act, 2006 at the time of clearance, and judicial review cannot be used to compel release of a consignment that fails the prescribed standards.

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