The seized cashew husk was not classified as a 'food' item or 'adulterant' under the Food Safety and Standards Act, and was used for general purposes, not for human consumption.

Headnote:
Mandamus - Seizure of Cashew Husk - Food Safety and Standards Act, 2006 - Section 3(1)(j), Section 3(1)(a), Section 38(6), Section 41 - The court found that the seized cashew husk was not a 'food' item or 'adulterant' as defined under the Act, and was used for general purposes, not for human consumption. The court also referred to the provisions of the Essential Commodities Act and previous court decisions to support its findings.
Fact of the Case:
The petitioner's cashew husk was seized by the authorities on suspicion of being used for adulterated tea powder. The petitioner argued that the seized stock was not a food item and was used for general purposes, not for human consumption.
Finding of the Court:
The court found that the seized cashew husk was not a 'food' item or 'adulterant' as defined under the Act, and was used for general purposes, not for human consumption. The court also referred to previous court decisions to support its findings.
Issues: Seizure of cashew husk, classification as a food item or adulterant, and its intended use.
Ratio Decidendi: The seized cashew husk was not a 'food' item or 'adulterant' as defined under the Act, and was used for general purposes, not for human consumption.
Final Decision: The Writ Petition is allowed, and the respondent authorities are directed to release the seized stock to the petitioner forthwith.

ORDER :

1. This writ petition is filed to issue a Writ of Mandamus declaring the action of the respondents 3 and 4 in seizing the Cashew husk of 60 Tonnes/1600 bags on 20.12.2021 from the petitioner’s godown bearing Door No. 2-10 situated in Duppalapudi Village, Anaparthy Mandal, East Godavari District, as illegal and arbitrary.

2. On 20.12.2021 at about 2.00 p.m., the Additional District Food Safety Officer and the Food Inspector along with In-charge Sub-Inspector of Anaparthy and others came to his premises/godown and seized 1600 bags/60 tonnes of cashew husk powder, took sample in a quantity of 4 Kgs. from out of 1 bag weighing 40 Kgs. The proceedings were recorded under mediatornama. The godown was locked and sealed by the Food Officers in the presence of mediators and handed over the seized stock to the Deputy Tahsildar and informed the godown In-charge to see that the stock is kept in the same condition.

3. The case of the petitioner is that the Station House Officer of Bikkavolu P.S. raided the premises bearing No. 4-139, Rajya Lakshmi Rice Mill of R.S. Peta of Bikkavolu at about 11.30 a.m. on 10.12.2021 and seized Tea powder found there suspecting to be an adulterated tea powder under the Mediator report and recorded the confessional statement of two persons found there. On the basis of the same, he registered the Crime No. 277 of 2021 of Bikkavolu P.S. for the offences under Sections 269, 271, 272, 420 r/w 34 I.P.C. It is alleged that while seizing the Tea powder, they also found 1850 Kgs. of detergent powder, 3100 Kgs. of Clay powder and 250 Kgs. of Cashew nut peel. Based on the confessional statement, the petitioner was added as 4th respondent in the said crime. Then, the petitioner approached this Court by way of Criminal Petition and got stay of the same. The seizure of the cashew husk from the petitioner’s premises is illegal, arbitrary and in violation of free trade guaranteed under Article 19 of the Constitution of India. Aggrieved by the same, the petitioner has come up with the present writ petition.

4. Sri Raja Reddy Koneti, learned counsel appearing for the petitioner, would contend that the seized stock is only cashew husk/cashew nut peel and not cashew shell powder or cashew husk powder. The seized cashew husk/cashew nut peel is not a ‘food’ item as contemplated under Section 3(1)(j) of the Food Safety and Standards Act, 2006 (for short ‘the Act’) and it is not meant for human consumption. It is also not a primary food, genetically modified or engineered food and it is not ‘adulterant’ as defined under Section 3(1)(a) of the Act and ‘extraneous matter’ falls within the definition of Section 3(1)(i) of the Act used for the preparation of food item. The material seized is not used as an adulterant as required under Section 38(6) of the Act which needs to be found in the possession of a manufacturer or dealer of adulterated food and not needs to be doing business in the product said to be used for various industrial purposes. The petitioner is doing business since last 10 years having GST TIN bearing No. 37ATDPK00054A1ZC and no complaints were made with regard to his business. He is purchasing the cashew husk/cashew peel from the cashew industries located in and around the areas and selling the same to the various consumers. As the cashew husk/cashew peel is used for various purposes like pigmentation, tanning, pan masala, etc. it is a general item and seized product is cashew husk/cashew peel and not even the powder as alleged in the seizure panchanama/mediatornama. It is not at all a food item and the provisions of the Act will not attract and the respondent authorities are illegally seized the said stock and kept under the lock and key. This Court, on 20.01.2022, directed the respondents to release the godown, but the stocks are under seizure. He further submits that cashew husk and cashew peel are not seized in the godown along with any other items to prepare adulterated tea powder for consumption of the hum

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