Divisible consignments may be cleared in part when inspection shows one lot fit for human consumption and the rest unfit.

Where a consignment is divisible on inspection results, clearance may be directed only for the portion found fit for human consumption, while the unfit portion remains subject to lawful action by the authorities. On the record, the samples and Central Food Laboratory clarification showed one lot fit and another lot unfit. The writ petition was accordingly disposed of with a limited direction for release of the fit portion, leaving the authorities free to proceed against the remaining portion in accordance with law.

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Issues: Whether clearance of the consignment of betel nuts was to be allowed in respect of the portion found fit for human consumption, while the remaining portion could be dealt with by the authorities in accordance with law.

Analysis: The samples taken from the consignment were examined and a clarification from the Central Food Laboratory was placed before the Court. The material on record showed that one lot was fit for human consumption and the other lot was not fit for human consumption. In that situation, the writ petition was disposed of by issuing a limited direction for clearance only of the fit portion, leaving the authorities free to proceed against the unfit portion according to law.

Conclusion: Clearance of the betel nuts fit for human consumption was directed, and the petitioner succeeded to that extent; the unfit portion was left to be dealt with by the authorities in accordance with law.

Final Conclusion: The writ application was disposed of with a partial direction in favour of the petitioner for release of the fit portion of the consignment.

Ratio Decidendi: Where a consignment is found divisible on the basis of inspection results, clearance may be directed for the fit portion while the unfit portion may be left to lawful action by the authorities.

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