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Issues: Whether cocobean could be treated as dry fruits and nuts for the purpose of food safety standards, and whether detention of the imported goods could be sustained in the absence of prescribed standards for cocobean.
Analysis: The sample had been tested against the standards applicable to dry fruits and nuts under clause 2.3.47.5 of the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011. On the material before the Court, cocobean is a seed and cannot be equated with dry fruits and nuts. The record indicated that no specific standards had been prescribed for cocobean, and the use of the dry fruits and nuts standard for its analysis was prima facie erroneous. In that situation, the refusal to release the goods on the basis of non-conformity with an inapplicable standard could not be sustained.
Conclusion: Cocobean was not liable to be treated as dry fruits and nuts for the purpose of the impugned analysis, and the petitioner was entitled to release of the goods, with the sample to be sent for analysis by the Bureau of Indian Standards in the absence of prescribed standards.
Final Conclusion: The detention-based objection was overruled and the petitioner obtained substantive relief by way of release of the imported goods, subject to further analysis for cocobean standards.
Ratio Decidendi: Where no specific standards are prescribed for a product, it cannot be subjected to standards meant for a different product category merely by analogy in regulatory testing.
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