2006 (9) TMI 370

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....erazi, Advocates, for the Appellant. Shri Kathiar, SDR, for the Respondent. [Order per : K.K. Agarwal, Member (T)]. - The appellants in this case have imported 215 MT of bakery shortening valued at Rs. 15.81 lakhs and filed a bill of entry for its clearance. Being a food article, bakery shortening imported by them has to conform to the standards of hydrogenated vegetable oil (vanaspati gh....

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....only in respect of baudouin test which was negative. It was submitted that the goods were otherwise fit for human consumption and mere failure of the baudouin test should not result in confiscation of goods and the goods should be allowed to be released. Reliance in this regard was placed on the decision of the Bombay High Court in the WP No. 2325/2006 filed by Rich Kwality Products Pvt. Ltd. & An....

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....h Court cited supra. However, we find that in the case of Bombay High Court decision, a specific clarification was sought from the Port Health Officer as to whether the consignment was adulterated or not and whether these were fit for human consumption or otherwise and no adverse report was sent by the Port Health Officer on these aspects. Further, the Director, CFL, Pune, in his affidavit admitte....