Point of Law: Any food article which is hazardous or injurious to public health is a potential danger to fundamental right to life guaranteed under Article 21 of Constitution of India.

ORDER :

Anil K. Narendran, J.

I.A.No.3 of 2023

This interlocutory application is one filed by Travancore Devaswom Board and its officials, respondents 1 to 4 in W.P.(C)No.41743 of 2022, seeking permission to draw samples from the stock of Aravana Prasadam kept sealed pursuant to the orders of this Court dated 11.01.2023, through the Food Safety Officers and send the same to analysis to any laboratory accredited by the Food Safety Authority of India to test whether Aravana Prasadam conforms to the food standards prescribed by the Food Safety and Standards Authority of India and safe for human consumption.

2. Along with the memo dated 07.02.2023 of the learned Central Government Counsel, report No.P.15017/15/2023-FSSAI/Legal dated 10.02.2023 of the Deputy Director, Food Safety Standards Authority of India, in response to I.A.No.3 of 2023 is placed on record, wherein it is stated that as per sub-section (2) of Section 26 of the Act the onus is on the food business operators, who have to comply with the provisions of the Act, Rules and Regulations. According to the conditions of licence at Annexure 3 of Food Safety and Standards (Licensing and Registration of Food Business) Regulations, 2011 raw material used by food business operators shall be of optimum quality. Therefore, any raw material used in the preparation of food shall comply with all the standards specified under the Food Safety Standard Regulations. Further as per Section 3(zz)(i) if the food article is composed of unsafe ingredients whether wholly or in part, the article of food is considered unsafe food. In the instant case, Cardamom used as a raw material of the end product, i.e., Aravana shall be of optimum quality. The Cardamom used for the preparation of Aravana has been declared unsafe vide Report dated 11.01.2023 due to the presence of pesticides which exceeds the Maximum Residue Limits (MRL) prescribed by the Food Safety and Standards Authority of India. MRLs of a pesticide for a food commodity, irrespective of the fact that it may be directly consumed or used as an ingredient in another food, is fixed while taking into consideration the overall dietary intake of pesticides through consumption of different food commodities to ensure the safety of food products. Therefore, unsafe raw materials shall not be used in the preparation of any article of food.

3. After the filing of this interlocutory application, the 2nd respondent herein, who is the 5th respondent-contractor in W.P.(C)No.41743 of 2022, filed a counter affidavit dated 14.02.2023 in the writ petition. The applicants/additional respondents 1 to 4 have filed an additional counter affidavit dated 15.02.2023 in the writ petition.

4. Heard the learned Standing Counsel for Travancore Devaswom Board for the applicants-respondents 1 to 4, the learned counsel for the 1st respondent-writ petitioner, the learned counsel for the 2nd respondent-contractor, the learned Senior Government Pleader for the State and its officials and the learned Central Government Counsel for the Central Government and Food Safety and Standards Authority of India.

5. The 1st respondent herein, who was the supplier of cardamom to the Travancore Devaswom Board, during the Mandala-Makaravilakku festival season of 1197 ME (2021-22), has filed W.P.(C)No.41743 of 2022, invoking the writ jurisdiction under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the Travancore Devaswom Board to conduct an analysis of the cardamom, which was purchased after the cancellation of the tender conducted pursuant to Ext.P9 e-tender notification dated 12.10.2022, during Mandala-Makaravilakku festival season of 1198 ME (2022-23), at Government Analytical Laboratory, Thiruvananthapuram, under the supervision of this Court. The petitioner has also sought for a writ of certiorari to quash the proceedings of the Travancore Devaswom Boar