2017 (9) TMI 1456

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....avi ORDER Heard Mr.S.Murugappan, learned counsel for the petitioner and Mr.K.Ravi, learned Senior Panel Counsel for the respondent. 2. The petitioner is aggrieved over the impugned order passed by the Additional Commissioner of Customs, being the order-in-original dated 08.06.2017. By the impugned order the respondent has held that the subject goods namely the Sweet Whey Powder covered un....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....laring that the product is not in compliance with the standards. 4. Further, the learned counsel made elaborate endeavor to convince this Court, as to how the consignment samples could have been failed in the parameters with regard to flavour and taste, lactose, milk protein, arsenic and sodium etc. Thus, it is the contention that the officials who conducted the test should be made available fo....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....th the pleas raised by the petitioner has to necessarily fail. 7. An identical case came up for consideration before this Court in the case of M/s.Parry Enterprises India Limited Vs. The Authorised Officer, Food Safety and Standards Authority of India and 3 others, in W.P.No.34716 of 2016. Though in the said case the Director, Central Food Laboratory, Kolkata was impleaded as third respondent, ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....f heavy metal-Aluminium in the samples, that by itself cannot vitiate the report by stating that he ought not to have examined the metal content in the samples as the general parameters do not provide for the same. In fact, even as per the general parameters in Regulation 2.11.6 of Food Safety & Standards (Food Product Standards & Food Activities) Regulations, 2011 metal contaminants can be examin....