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3. The learned DR submits that in this case the goods were not allowed clearance because No Objection Certificate was not received from the Port Health Officer which is mandatory and therefore the goods are correctly held to be liable for confiscation and not allowed clearance for home consumption.

4. We have considered the submissions. We find that from the test report it is apparent that the sample did not conform to the specifications provided under the PFA Act only in respect of baudouin test and, therefore, the facts are similar to the decision of the Bombay High Court cited supra. However, we find that in the case of Bombay High Court decision, a specific clarification was sought from the Port Health Officer as to whether the consignment was adulterated or not and whether these were fit for human consumption or otherwise and no adverse report was sent by the Port Health Officer on these aspects. Further, the Director, CFL, Pune, in his affidavit admitted that the samples meet the prescribed standards of vanaspati ghee for moisture, melting point, unsaponifiable matter, free fatty acids, vitamin A, and rancidity. He has also stated in his affidavit that the specific tests for adulterants viz. synthetic colour, argemone oil and animal fat were found negative. No such certificates are forthcoming in the present case. We therefore remand the matter back to the original adjudicating authority with a direction that he should seek similar clarification from Port Health Officer and CFL, Pune, to ensure that the goods are not adulterated and are fit for consumption and if such certificates are furnished then the goods should be allowed to be cleared after adjudication. Since it is reported that vanaspati has a short shelf life and likely to deteriorate the above certificates should be obtained within one month of the receipt of this order.