Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
Writ jurisdiction may be invoked despite an alternative review remedy where the challenge concerns the statutory competence of the officer conducting food-safety sampling, rather than laboratory findings. Under the Food Safety and Standards Act and the import regulations, the notified FSSAI Authorised Officer has exclusive authority to take samples for food-safety purposes at the relevant port; a report based on unauthorised sampling cannot support adverse action against an importer. The FSS Act's overriding provision applies to food safety, standards and adulteration, but does not remove Customs powers to take separate samples for classification, valuation, duty, misdeclaration or trade-policy compliance. Fresh food-safety sampling must proceed through the FSSAI Authorised Officer.
Writ jurisdiction may be invoked despite an alternative review remedy where the challenge concerns the statutory competence of the officer conducting food-safety sampling, rather than laboratory findings. Under the Food Safety and Standards Act and the import regulations, the notified FSSAI Authorised Officer has exclusive authority to take samples for food-safety purposes at the relevant port; a report based on unauthorised sampling cannot support adverse action against an importer. The FSS Act's overriding provision applies to food safety, standards and adulteration, but does not remove Customs powers to take separate samples for classification, valuation, duty, misdeclaration or trade-policy compliance. Fresh food-safety sampling must proceed through the FSSAI Authorised Officer.
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