2006 (9) TMI 49

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....laid down for hydrogenated vegetable oil as per the Prevention of Food Adulteration Act, 1954 (PFA Act, 1954). Accordingly samples were drawn and sent for testing to Central Food Laboratory, Pune by the Port Health Organisation. The Port Health Officer informed that the results of the analysis shows that the sample does not conform to the standards of hydrogenated vegetable oil and the test result showed that the melting point of the sample was lower than the one prescribed under the PFA Act. On directions of Bombay High Court another sample was drawn and sent to CFL, Calcutta. The test report received from CFL, Calcutta indicated that the sample failed in baudouin test which was below the prescribed limit. As per the opinion of the CFL the....

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....ector to consider release of goods on payment of redemption fine and subject to a bond for reprocessing of the goods if such processing could remove the contaminants. The Advocate also invited attention to the decision of Bombay High Court in the WP No. 2325/2006 filed by Rich Kwality Products Pvt. Ltd. & Anr. where under similar circumstances the sample failed the baudouin test but were otherwise found not to be adulterated or fit for human consumption. The clearance was allowed by the Bombay High Court. 3.In view of the above it was submitted that he may be allowed to reprocess the goods and to clear the same after it meets the specifications laid down under the PFA Act. 4.The learned DR, however, submits that the decision of the Bo....