A.Aboobacker vs. The Chief Executive Officer
Held
The High Court held that the appellate orders were passed without affording the petitioner an opportunity of hearing, violating principles of natural justice. Consequently, the Court set aside the rejection orders and directed the second respondent to reconsider the appeal after providing a hearing to the petitioner.
Facts
The petitioner imported a consignment of oranges from Egypt, which the Food Safety and Standards Authority of India (FSSAI) found to have fungal growth and be substandard, leading to the denial of a No Objection Certificate. The petitioner's subsequent appeals against this rejection were also dismissed by FSSAI authorities.
Key Issues
Whether the rejection of an imported food consignment and the subsequent appellate decisions, without affording the importer an opportunity of hearing, violated principles of natural justice.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR FRIDAY, THE 13TH DAY OF AUGUST 2021 / 22ND SRAVANA, 1943 WP(C) NO. 16068 OF 2021 PETITIONER: SRI.A.ABOOBACKER, PROPRIETOR, M/S MAPLE TRADING EXPORT & IMPORT, ROOM NO.5/277, PALLIPADI, TRIPRANGODE, MALAPPURAM DISTRICT, KERALA,PIN-676 108 BY ADVS. M.BALAGOPAL R.SREEJITH R.DEVIKA (ALAPPUZHA) RESPONDENTS: 1 THE CHIEF EXECUTIVE OFFICER, FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA, FDA BHAWAN, NEAR BALBHAVAN, KOTLA ROAD, NEW DELHI-110 002. 2 THE DIRECTOR (IMPORTS -HQ) FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA, FDA BHAWAN, NEAR BALBHAVAN, KOTLA ROAD, NEW DELHI-110 002. 3 THE AUTHORISED OFFICER, FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA, FIRST FLOOR, MARINE BUILDING, NORTH END P.O., WILLIGTON ISLAND, COCHIN KERALA-682 009 4 THE COMMISSIONER OF CUSTOMS, CUSTOMS HOUSE, WILLINGDON ISLAND, COCHIN -682 009 SHRI.P.VIJAYAKUMAR, ASG OF INDIA CHITHRA P.GEORGE SC RAJESH KUMAR SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No
The judgment continues below.
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