Ins Consultancy Through Its Prop. Shri. Indu Shekhar v. Union Of India (Thr The Secretary, Ministry Of Law And Justice , Dept. Of Legal Affairs ) And ORS

Sayyed 927-WP.1656.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1656 OF 2024 INS Consultancy, Through its Prop. Shri. Indu Shekhar ..Petitioner Vs.

Union of India, (Through the Secretary, Ministry of Law and Justice, Dept. of Legal Affairs ) & Ors.

..Respondents __________ Mr. Brijesh Pathak for Petitioner.

Mr. Saket Ketkar a/w Ms. Niyanta Trivedi for Respondent Nos.3 and 4. Ms. Shirin Irani for Respondent No.5.

__________ CORAM :

K. R. SHRIRAM & JITENDRA JAIN, JJ.

DATED :

30th JULY 2024 P.C.:

1.

An affidavit-in-reply of one Sukant Chaudhary affirmed on 22nd July 2024 is being filed on behalf of Respondent No.5. Paragraph Nos. 21 and 22 of the said affidavit-in-reply read as under:- "21. In response to this enquiry the lab vide email dated 20, July 2024 has informed that:

"... ... ... ... ... ... ... ... ... ... ..... The areca nut sample in question is substandard, as it does not meet the quality parameters. The areca nut sample can be further processed to comply with the norms specified by the FSSAI and make it fit for human consumption ... ... ....."

A copy of email dated July 20, 2024 sent by CSIR-CFTRI, Mysore(Lab) to FSSAI is annexed as Annexure - M. 22.

Prayer of the Respondent:

a. That the sample of alleged Roasted Areca Nuts(Split) may be treated as sub-standard and non-conforming to the given parameters;

b. That samples of alleged Roasted Areca Nuts(Split) should not be allowed for clearance in present form;

Sayyed 927-WP.1656.2024.doc c. That sorting, grading may be allowed with regulatory sampling, inspection, verification of sorted quantities and ensuring disposal by FSSAI; and d. That sample of alleged Roasted Areca Nuts(Split) may be treated under standards goods only as roasting doesn't alter it into proprietary goods."

2.

Mr. Pathak is agreeable to this suggestion of Respondent No.5. Mr. Ketkar states that he has been given a copy of the affidavit-in-reply only in Court today and requests the matter be stood over by a week to enable him to take instructions.

3.

Stand over to 5th August 2024.

[JITENDRA JAIN, J.] [K. R. SHRIRAM, J.] Signed by: Sayyed Saeed Ali Designation: PA To Honourable Judge Date: 02/08/2024 11:24:14