2009 (12) TMI 924

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....od laboratory that reported that mineral matter was found in excess of the limit specified in item A.18.06.06 on Appendix B to the Prevention of Food Adulteration Rules, 1955 and advised the customs not to permit import of the goods. On the other hand the Plant Quarantine Station, Government of India, Ministry of Agriculture recommended unconditional release of the goods. Under the circumstances, the proper officer of the customs that did not initiate any proceedings under the Customs Act, 1962, withheld his order permitting clearance of the goods. Feeling aggrieved, the petitioner filed these three petitions under art.226. Mr. Chowdhury, counsel for the petitioner, has argued that in the absence of anything in the reports of the central f....

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....ion, "primary food" to mean any article of food, being a produce of agriculture or horticulture in its natural form. Section 5 of the Act provides that no person shall import into India - (i) any adulterated food; (ii) any misbranded food; (iii) any article of food for the import of which a licence is prescribed, except in accordance with the conditions of the licence; and (iv) any article of food in contravention of any other provision of the Act or of any rule made thereunder. It is, therefore, evident from the provisions of ss.2 and 5 of the Prevention of Food Adulteration Act, 1954 that what cannot be imported by anyone into the country is any adulterated food; and that a primary food, meaning thereby any article of food bein....