The central legal point established in the judgment is the need for authorities to decide based on the analysis report and the premature approach of the respondent in exercising writ jurisdiction.

1. Aggrieved by the order passed by the learned single Judge dated 30.9.2008 in W.P.No.18234 of 2008, the State and its subordinate officials have come forward with the present appeal.

2. The respondent has filed the writ petition for issuing Writ of Certiorarified Mandamus to quash the search and seizure memo issued by the Food Inspector, namely, the fourth appellant, dated 22.7.2008, and consequently to forbear the appellants from taking any action in respect of the manufacturing process of skimmed milk powder of cattle feed grade under the provisions of the Prevention of Food Adulteration Act and the Rules made thereunder.

3. The facts leading to filing of the writ petition and the writ appeal in brief are as follows: - The respondent is a company registered under the Indian Companies Act, 1956, engaged in procuring, processing and marketing milk and milk products. The respondent Company is having two blending processing units at Kancheepuram and Salem dairies apart from one Chilling centre at Nadukuppam village at Vandasvasi Taluk. The respondent has been carrying on packaging process of skimmed milk powder meant for human consumption in their dairy at Kanchipuram. The respondent has imported the ingredients of lactose, which is one of the forms of sugar, for manufacture of skimmed milk powder for human consumption and also for cattle feed grade. The respondent received purchase order dated 30.6.2008 from Philippines for supply of skimmed milk powder cattle feed grade. Based on such purchase order, necessary blending process was carried on in the chilling centre at Nadukuppam by utilizing the lactose which shelf life period was prescribed as 2 years in February, 2008. While so, on 22.7.2008, a team of officials headed by the Food Inspector, namely, the fourth appellant, inspected the Chilling Centre of the respondent at Nadukuppam village and took sample of skimmed milk powder and lactose and sent them for analysis. After making inspection, it was found out that in the process of preparing Milk Powder, date expired edible lactose was mixed with Hatsun Skimmed Milk powder, then it was repacked with new fresh milk powder. On the aforesaid facts, search and seizure memo was issued by the fourth appellant on 22.7.2009. The said search and seizure memo was under challenge before the learned single Judge.

4. The main contention of the respondent before the learned single Judge was that the Provisions of the Prevention of Food Adulteration Act, 1954 would not apply to the present case and the Food Inspector has no jurisdiction to take samples of cattle feed grade of skimmed milk powder as it was not a food article. It was also contended that no notice of intention to enter upon the premises as mandated in Rule 12 of the Prevention of Food Adulteration Rules was not issued, thereby violated 10(3) of the aforesaid Act.

5. The learned single Judge after hearing both sides and going through the materials on record by a detailed order came to a conclusion that the appellants have not taken steps in the manner known to law and they had in casual manner entered into the place of the respondent and seized the materials, which can only be treated as an emotional outburst and not as per law. On arriving at the aforesaid conclusion, the learned single Judge quashed the impugned seizure memo dated 22.7.2008 and allowed the writ petition giving liberty to the appellants to take appropriate action as per the Food Safety and Standards Act, 2006. Aggrieved by the said order, the present appeal has been filed.

6. Learned Special Government Pleader appearing for the appellants contended that Sections 112, 112-A of the Public Health Act provide that the Health Officer or any person duly authorized by him may without notice enter any place at any time where any article of food is being manufactured and inspect such article and sent the samples for analysis and, on such examination, he finds any such article of food to be unwholesome, he m