Imported edible goods may be reprocessed only if materials show they can meet food standards within the customs area.
Imported crude palm oil found non-conforming to prescribed food standards could not be routinely reprocessed and released within the customs area. The Calcutta HC held that the proviso to Section 18 of the Prevention of Food Adulteration Act permits return of food articles for reprocessing only where the Court is satisfied, on the material before it, that the goods can be brought into conformity for human consumption after reprocessing. As no basis was shown for achieving compliance within the customs area, and mere reduction of acid content was insufficient, the requested relief was refused. Earlier orders allowing reprocessing on special facts or concessions were distinguished.
Issues: Whether imported crude palm oil, found on testing to be non-conforming to prescribed food standards, could be permitted to be reprocessed within the customs area and then cleared.
Analysis: The proviso to Section 18 of the Prevention of Food Adulteration Act, 1954 contemplates return of food articles for reprocessing only where the Court is satisfied that the article is capable of being made to conform to prescribed standards for human consumption after reprocessing. The material before the Court did not show how the crude palm oil could be brought into conformity within the customs area, and the Court was not satisfied that mere reduction of acid content would achieve compliance there. The Court also distinguished earlier orders permitting reprocessing on the basis of concessions or special facts, and held that such relief could not be granted as a matter of course for imported edible goods.
Conclusion: The petitioner was not entitled to an directing reprocessing and release of the consignments within the customs area.
Ratio Decidendi: Release for reprocessing of imported edible goods can be ordered only when the Court is satisfied on the materials that the goods can be made to conform to prescribed standards within the customs area.
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