2016 (9) TMI 1371

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.... / Order / Decisions)<br>Dated:- 30-9-2016<br>W.P. No. 34716 of 2016 and W.P. No. 29903 of 2016 - -<br>Indian Laws<br>T. S. Sivagnanam, J. For the Petitioner : T. Ramesh For the Respondents : H. Yasmeen Ali (For R1 & R2), K. Ravi (For R4) ORDER Heard Mr.T.Ramesh, learned Counsel appearing for the petitioner. Mr.H.Yasmeen Ali, learned counsel accepts notice on behalf of the respondents ....

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.... 2011 and as per FSSAI Methods and Standards for Imported Foods 2012 (FSSAI Order No.06/QAS/2012/Import Issues/FSSAI dated 02.08.2012) as the sample shows "Ash Insoluble in dil HCL" content more than the prescribed limit. It also shows presence of "heavy metal-Aluminium" in it. Hence the sample is Sub-standard under Section 3(1)((zx) of FSS Act, 2006." 3. The arguments of the learned counsel ap....

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....ission made is not well founded for the reason that the parameters laid down for testing of samples under the Food Safety Regulations could at best considered as illustrative and general parameters and in the process of testing, if the Scientific Officer comes to know that there are certain other components in the samples then he has the duty to report the same in his report. This is what precisel....

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....sence of "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 Additives) Regulations, 2011, metal contaminants can ....