A bench of Justices Dipak Misra and Prafulla C Pant fixed the plea of Food Safety Standards Authority of India (FSSAI) for hearing on January 13 when it will consider its prayer for stay of the High Court verdict.

"The present petition is being filed..seeking specialleave to appeal against impugned judgement dated August 13/ modified on September 4, passed by the Bombay High Court... vide the judgement, the High Court had quashed the show cause notice (of FSSAI) on the ground that the same violated the principles of natural justice and also passed directions
permitting the respondent company (Nestle India) to sell its products if its samples passed fresh tests..,”it add.

"Respondent company has been permitted to choose the samples of its products to be given for testing and the High Court has listed out the laboratories that were suggested by the respondent company to carry out the tests, thereby vitiating the very purpose of testing any product under the (Food Safety and Standards) Act," FSSAI said in its plea.

Attorney General Mukul Rohatgi, appearing for FSSAI, said that the laboratories, accredited under the statute, should be allowed to conduct tests on such food products.

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