Adulterated imported food goods may be confiscated on reliable lab evidence; belated re-testing and alternative use were refused.

Imported vanaspati found adulterated on reliable laboratory evidence was treated as unfit for human consumption, and confiscation was sustained because food adulteration was viewed as a public health and social defence measure. A belated request for another re-test was rejected where the remnant sample had already been re-analysed and no compelling basis existed for a further fresh sample direction. Alternative prayers to make the goods fit for human consumption or to divert them to industrial use were also declined as late-stage pleas not raised before the lower authorities, and because industrial use would not adequately prevent misuse.

---

---

Issues: (i) Whether the confiscation of the imported vanaspati on the ground of adulteration was liable to be interfered with; (ii) whether a further re-test or fresh sample analysis was warranted in view of the conflicting laboratory reports; (iii) whether the appellant could at the appellate stage seek permission to make the goods fit for human consumption or to use them for industrial purposes.

Issue (i): Whether the confiscation of the imported vanaspati on the ground of adulteration was liable to be interfered with.

Analysis: The goods were found adulterated on the basis of the Central Food Laboratory report, which confirmed that the melting point exceeded the prescribed limit. The Court treated the subsequent laboratory report obtained at the appellant's instance with caution and accepted the departmental report as more reliable. It emphasised that prevention of food adulteration is a measure of public health and social defence, and that adulterated food articles cannot be permitted to enter the market for human consumption.

Conclusion: The confiscation was upheld and the challenge to it failed.

Issue (ii): Whether a further re-test or fresh sample analysis was warranted in view of the conflicting laboratory reports.

Analysis: The remand order had already been complied with by sending the remnant sample for re-testing. The request for yet another test was raised belatedly after the second report had confirmed the department's case. The Court found no basis to direct a fresh sampling or another round of re-testing.

Conclusion: No further re-test or fresh sample direction was granted.

Issue (iii): Whether the appellant could at the appellate stage seek permission to make the goods fit for human consumption or to use them for industrial purposes.

Analysis: These alternative prayers had not been made before the lower authorities and were treated as new pleas at a late stage. The Court also observed that permitting industrial use would not adequately guard against misuse for human consumption.

Conclusion: The alternative reliefs were declined.

Final Conclusion: The appeal was meritless and failed in full, while the appellant was left at liberty to seek re-export from the adjudicating authority on appropriate conditions.

Ratio Decidendi: Where imported food articles are found adulterated on reliable laboratory evidence, the confiscation will be sustained and belated requests for repeated testing or alternative use will not be entertained absent a compelling legal basis.

---