registration No. 389163 by the Trade Mark Registry Ahmedabad for sale of asafoetida all over India except Nasik District. It appears that respondent ... offering for sale or advertising or reproducing or manufacturing asafoetida, a compound asafoetida bearing the label Annapurna containing the word Annapurna and/or a device
Public Analyst, he purchased 3 sealed (packed) tins of compounded Asafoetida of 250 grams each on payment of Rs. 45=00. The necessary notice ... mentioned in the column Details of Food SShree Ramkrishna brand compounded asafoetida (sealed)¬. Similarly it is mentioned in cash memo also. Exhibit-29 also contains
whole or ground, including saffron, curry powder, mustard seeds, asafoetida and compounded asafoetida,
(j) sweetening agents such aa sugars, honey, gur or jaggery,
(k) flavouring
supplied for analysis is 100 grams and in the case of compounded asafoetida 200 grams. The Public Analyst did not have the quantities mentioned
Court examined the processes undertaken to convert raw hing to make compounded asafoetida. The Honble Apex court held that there is no chemical change
process of subjecting raw
asafoetida (hing) resulting in formation of
compounded asafoetida does not amount to
manufacture, even when this process has
undergone chemical change
Supreme Court in
C.C.E.,Mumbai(Supra), held that "compounded asafoetida" made
from raw asafoetida through the process involved did not constitute
Counsel laid much emphasis on
the agreement appointing a distributor to sell asafoetida,
by the defendant. The agreement is on stamp paper. The
recital reveals ... BALAJI TRADERS as distributors to sell "SVT HOTEL
SPECIAL" compounded asafoetida in 250 grams jars and
500 grams jars and also SVT CRYSTAL
process of subjecting raw asafoetida (hing)
resulting in formation of compounded asafoetida does not
amount to manufacture, even when this process has undergone
chemical change ... sieve,
which contains magnet balls absorbing any
fine iron particles. The compounded
asafoetida in powder form is then packed in
different grammage bottles. In case
dated 27th December,
2003 is in respect of 9 bags of compound asafoetida and 20 Kgs of
different qualities of Aeroplane Chilli powder, Aeroplane Turmeric