- (1.) The petitioner imported, sodium bicarbonate and submitted the bill of entry dated 23rd of December, 2013. According to the petitioner there is permissible limited prescribed for containing the lead in the sodium bicarbonate and the said consignment does not offend any of such conditions or criteria. However, the authorities took the sample and sent it for its testing to verify the content of the leap in the said consignment. The report received from the laboratory was not acceptable to the petitioner and recourse was taken under Section 46(4) of the Food Safety and Standard Act, 2006 before the designated officer. It is not in dispute that the said appeal is still pending and have not been disposed of as yet. My attention is drawn to Rule 2.4.6 of the Food Safety and Standard Rules 2011 which provides that the designated officer shall decide the said appeal within thirty days of its filing. It is no doubt true that such statutory period had already lapsed and the department had re-communicated their stand which they took earlier against which an appeal is pending and the said subsequent stand is brought to the notice of this Court by the petitioner in filing supplementary affidavit. The statute provides a time limit within which the statutory authorities are required to adhere to. The authorities cannot keep the appeal in suspended nomination for all time to come. This Court, therefore, directs the designated officer before whom an appeal is pending to make all endeavour to dispose of the said appeal within fortnight from the date of communication of this order in accordance with law. It goes without saying that the said authority would do so keeping in mind the principles of natural justice.
(2.) With these observations the writ petition is disposed of without any order as to costs.;