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    <title>2009 (12) TMI 924 - CALCUTTA HIGH COURT</title>
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    <description>Primary food may not be treated as prohibited for import merely because laboratory testing shows excess mineral matter or another prescribed constituent; the statutory scheme under the Prevention of Food Adulteration Act requires the goods to satisfy the legal conditions for being deemed adulterated, and natural-cause exclusions must be considered. A laboratory report that does not conclude the goods are adulterated or deemed adulterated cannot by itself justify withholding customs clearance. The proper officer must act within the statute and cannot rely on advisory findings alone to impose a prohibition. On the facts stated, clearance could not be withheld and the goods were entitled to be released.</description>
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    <pubDate>Wed, 23 Dec 2009 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=175141</link>
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