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IN THE HIGH COURT OF KERALA AT ERNAKULAM
NITIN JAMDAR, S.MANU
Hisham Transports – Appellant
Versus
Food Safety Standards Authority Of India – Respondent
Understood. Please provide the legal document content (to insert in place of {content}) for key point extraction and referencing.
| Table of Content |
|---|
| 1. duties and definitions under food safety and standards act are outlined. (Para 7 , 9) |
| 2. specific standards for drinking water defined under regulations. (Para 12 , 13) |
| 3. impurities detected in the supplied water and compliance obligations. (Para 16 , 17) |
| 4. procedure for analysis and appeals outlined under food safety rules. (Para 18 , 19) |
JUDGMENT :
Nitin Jamdar, CJ.
These two appeals arise from the common order passed by the learned Single Judge dated 22 February 2023, by which the writ petitions filed by the Appellants/Petitioners were dismissed.
2. In W.P.(C) No.24915 of 2022, from which W.A. No.704 of 2023 arises, the Petitioners/Appellants had challenged the communications dated 30 April 2020 and 17 March 2021 issued by Respondent No.4 – the Assistant Commissioner of Food Safety (Designated Officer), Ernakulam. In W.P.(C) No.15880 of 2021, from which W.A. No.707 of 2023 arises, the Petitioners/Appellants had challenged the letter dated 14 January 2021 issued by Respondent No.3 – the Assistant Commissioner of Food Safety (Designated Officer), Ernakulam.
3. The impugned communications/notices informed the Petitioners, who are dealing with drinking water, that as pe
Food Business Operators must demonstrate compliance with safety standards, and failure to appeal against adverse findings negates claims of exemption.
The manner of doing a particular act as prescribed under a statute must be followed, and an authority cannot assume a jurisdiction that has not been conferred upon it.
Point of Law : Conviction of a food business operator –Notice - right of hearing to petitioner before passing the impugned notice of prohibition was an absolute necessity.
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The responsibility of the authorities for strict implementation of food safety regulations and the need for specific instances of violation to support a petition.
All sales of drinking water, regardless of packaging, must comply with safety regulations to ensure public health.
The court ruled that prohibition on manufacturing under a brand name requires adherence to natural justice principles, emphasizing the right to a hearing before administrative actions that have signi....
Prosecution under the Food Safety and Standards Act requires a confirming report from the Referral Laboratory; divergence in findings precludes legal action.
Misbranding under food safety law confirmed; the firm failed to meet labeling standards, and the procedural fairness in the hearing was upheld.
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