Biswanath Somadder, J. - (1.) On 5th December, 2018, we had directed the learned advocate representing the respondent no.4, being the Food Safety and Standards Authority of India, to take specific instructions from his client and apprise the Court on the next date as to whether the Director (Enforcement) of Food Safety and Standards Authority of India was competent to issue the clarificatory note dated 5th March, 2012, which appears as Annexure "P-3" at page 24 of the application for stay.
(2.) Today, when the matter is taken up for consideration, a clarificatory note is handed up by the learned advocate representing the respondent no.4 which appears to be dated 11th December, 2018 and is addressed to the learned advocate representing the respondent no.4 by the Assistant Director (Legal) of the Food Safety and Standards Authority of India. Paragraph 2 of the clarificatory note is required to be reproduced hereinbelow:- "2. The official records have been examined in this matter and it is informed that Hon'ble Court may please be apprised that the clarificatory note dated 05.03.2012 was issued by then Director (Enforcement) after following due official procedure and approval of the Competent Authority was obtained on 21.02.2012 i.e. prior to issue of this clarificatory note. This clarificatory note was issued after considering inputs from various stakeholders under the Food Safety & Standards Act, 2006."
(3.) Since it is evident from the above that the clarificatory note dated 5th March, 2012, was issued by the then Director (Enforcement) after following due official procedure and upon obtaining approval of the Competent Authority on 21st February, 2012 (i.e. prior to issuance of the clarificatory note), we do not have any hesitation to observe that there is no merit in the instant appeal, which is liable to be dismissed and stands accordingly dismissed along with the application for stay.;