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G. JAYACHANDRAN
Tej Ram Dharman Paul Pvt Ltd. – Appellant
Versus
Food Sarfety Officer, Race Course Road, Coimbatore – Respondent
ORDER :
The complaint by the Food Safety Officer, Coimbatore, against one Raj Purohith Dinesh, the whole seller/stockiest of tobacco product along with the manufacturing company and its Directors, was taken cognizance by the Judicial Magistrate No.V, Coimbatore for the offences under Sections 58 and 59(1) of the Food Safety and Standards Act 2006.
2. The petitioners herein are the manufacturing company and its Directors. According to the petitioners, the tobacco products, which alleged to have been seized from the premises of the first accused, Raj Purohith Dinesh, on 13.11.2019, is not a food product to fall under the purview of Food Safety Act. Cool Lip Filter Tabbaq (pre-packed condition) is a tobacco produced covered under The Cigarettes and Other Tobacco Products Act, 2003 (in short "COTPA Act 2003"). The first petitioner company, which is duly registered under the Companies Act holds valid license for manufacturing tobacco product under the name and style of M/s Tej Ram Dharam Paul Pvt. Ltd. It has obtained certificate from Central Board of Excise and Customs. The product was not sold by the petitioners herein, but it was stocked and sold by the first accused, by name Raj Puroh
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The Commissioner of Food Safety does not have the authority to prohibit the manufacture, storage, distribution, transportation, and sale of Gutka/Pan Masala containing Tobacco and Nicotine as ingredi....
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