Re-imported food goods found unsafe under health standards cannot be cleared for domestic consumption.

Re-imported food goods that fail prescribed health and safety standards cannot be released into the domestic market for consumption. Here, goods earlier exported and later returned by the foreign purchaser were tested on re-import and found non-compliant with the Prevention of Food Adulteration regime. The court held that clearance would expose the public to unsafe food, so release was refused and the request for mandamus and re-examination was rejected.

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Issues: Whether re-imported food goods found not to conform to prescribed health standards could be released for clearance.

Analysis: The goods had been exported earlier, but the foreign purchaser found them unsuitable for consumption and returned them. On re-import, the Port Health Officer tested the consignment and found that it did not conform to the standards prescribed under the Prevention of Food Adulteration regime. In these circumstances, release of the goods would expose the public to unsafe food.

Conclusion: Release of the re-imported goods was not permitted, and the request for mandamus and re-examination was rejected.

Final Conclusion: The writ petition failed because the consignment could not be allowed to enter the domestic market in the condition found on inspection.

Ratio Decidendi: Re-imported food goods that are found unfit or non-compliant with prescribed safety standards cannot be released for consumption in the domestic market.

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