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2015 Supreme(Ker) 1190

A.MUHAMED MUSTAQUE
K. K. R. Food Products – Appellant
Versus
T. V. Anupama – Respondent


Advocates Appeared:
For the Appellant :Mathai M. Paikaday, Senior Advocate, V. Renjith Shankar, Shiju Abraham Verghis, Bijimol Jose, K. Ramesh, B.N. Shivsankar and Megha Mukundaswar, Advs.

JUDGMENT :

A. Muhamed Mustaque, J.

1. This writ petition is filed by a company engaged in manufacture and distribution of spices powder and other food products. They challenge Ext. P1 order passed by the Commissioner of Food Safety, Kerala prohibiting manufacture, storage, sale and distribution of Nirapara Brand of chilly, turmeric, and coriander powder, manufactured by the petitioner.

2. The impugned order is produced as Ext. P1. It is seen from the impugned order that the Food Safety Officers in the State took random samples of Nirapara brand spices powder from different parts of the State on different dates. The report of the Food Analyst would indicate that the products referred as above contain added starch.

3. It is stated in Ext. P1 that 30 cases of the same nature have been reported in various parts of the State containing extraneous starch in the products. It is noted that in spite of the notices issued under the Food Safety and Standards Act, 2006 (for short, the "FSS Act") the petitioner was continuing manufacture and sale of adulterated spices powder. Since the manufacturer did not stop the unscrupulous activity of adultering spices powder with cheaper starch, an order has


































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