- (1.) This writ application under Article 226 of the Constitution of India has been filed seeking orders on the respondent authorities to allow the petitioner to process the imported consignments of Crude Palm Oil imported into India under Bills of Entry Nos. 2471693 and 2471923 dated December 23, 2010, to bring the same to conform to the standards laid down under the Prevention of Food Adulteration Act, 1955 and the rules framed thereunder.
(2.) The petitioner, a company incorporated under the provisions of Companies Act, 1956 operates a unit for manufacture of refined palm oil. On December 23, 2010 the petitioner imported two consignments of Crude Palm Oil of the Edible Grade from Indonesia covered by Bills of Entry No.2471693 and 2471923. On arrival at the Port of Haldia requisite documents were filed for clearance of the consignments. Section 5 of the Prevention of Food Adulteration Act, 1954, hereinafter referred to as the PFAA, provides as follows:- "Section 5. Prohibition of import of certain articles of food 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; (iv) any article of food in contravention of any other provision of this Act or of any rule made thereunder." Section 2(v) of the PFA defines 'food' to mean any article used as food or drink for human consumption other than drugs and water and includes any article which is used in human food. Palm oil is admittedly 'food' within the meaning of the PFAA.
(3.) Under Section 2(ia) of the PFAA an article of food is to be deemed to be adulterated in any of the circumstances specified in sub- clauses (a) to (n) of the said section. Clause (a) of Section 2(ia) of the PFAA, provides that an article of food shall be deemed to be adulterated, if it is not of the nature, substance or quality which it purports or is represented to be and Clause (d) of the said sub-section provides that an article may be deemed to be adulterated if it contains any ingredient which renders it injurious to health. Similarly an article of food may also be deemed to be adulterated under Section 2(ia)(l) if the quality or purity of the article falls below the prescribed standard or its qualities are present in quantities not within prescribed limits of variability which renders it injurious to health. In any case, Section 5 of the PFAA not only prohibits import of adulterated food but also import of any food, that is, in contravention of any provision of PFAA or any rules framed thereunder. In exercise of power conferred by the PFAA, the Prevention of Food Adulteration Rules, 1955, hereinafter referred to as "the PFA Rules", have been framed. The standards of quality of various items of food have been specified in Appendices B, C and D to the PFA Rules. Paragraph- A.17.19 of Appendix 'B' which gives the requisite specification for Palm Oil, is set out here in below for convenience:- "A.17.19 PALM OIL means the oil obtained from fleshy mesocarp of fruits of the oil palm (Elaeis guinesis) tree by the method of expression or solvent extraction. It shall be clear, free from rancidity, suspended or other foreign matter, separated water, added colouring and flavouring substances or mineral oil. It shall conform to the following standards, namely: (a) Butyro-refractometer reading at 50?C 35.5-44.0 or Refractive index at 50?C 1.4491-1.4552 (b) Melting point (capillary slip method) Not more than 37?C (c) Iodine value (Wijs' method) 45-56 (d) Saponification value 195-205 (e) Unsaponifiable matter Not more than 1.2 per cent Acid value Not more than 10.0 1 [Indigenously produced raw palm oil obtained by method of expression may be supplied for human consumption as such provided acid value is not more than 6.0. But palm oil imported into the country or produced by solvent extraction shall be refined before it is supplied for human consumption and it shall conform to the standards laid down under A.17.15. Additionally, it shall have flash point (Pensky-Marten closed method)-Not less than 250 decree C] 2 [Test for argemone oil shall be negative.] 3 [However, it may contain food additives permitted in these rules and Appendix C] 4 [The oil so refined shall not contain Hexane more than 5.00 ppm]".;