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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Mr.Justice V. Lakshminarayanan, J
C. Ravichandran – Appellant
Versus
Commissioner, Tamil Nadu Food Safety and Drug Administration Department – Respondent
ORDER :
(V. LAKSHMINARAYANAN, J.)
The petitioner seeks for issuance of a Certiorarified Mandamus on the file of the second respondent in Notice No.1/A1/2024, dated 07.01.2025, to quash the same and to remove the seal forthwith put on the petitioner's petty shop at Thoovar Village, R.S.Mangalam Taluk, Ramanathapuram District.
2. The petitioner claims that he is a chronic kidney patient undergoing dialysis twice a week. To eke-out for his livelihood , he has been running a small petty shop at Thoovar Village. On 04.01.2025, the police conducted a surprise search and found that the petitioner was selling tobacco pockets, each weighing 12.6 gms and found 12 pockets of ‘cool lip’. Consequently, an FIR was registered against the petitioner in Crime No.6 of 2025 for the offence under Section 24(1) of the Cigarette and Other Tobacco Products Act, 2003. After registering the FIR, the second respondent passed an order on 07.01.2025, sealing the premises and imposing penalty of Rs.25,000/- against him. Aggrieved by the same, the petitioner made a representation on 06.02.2025. As the same was not considered, he has approached this Court for the aforesaid relief.
3. When the matter came up for admi
Sealing of premises under food safety regulations requires strict adherence to statutory conditions, which were not met in this case.
The central legal point established in the judgment is that the sealing of the shop under the Food Safety and Standards Act, 2006 falls under the authority of the Commissioner, as per Section 34, and....
The Food Safety Officer lacks authority to seal premises without adhering to statutory provisions, as established under the Food Safety and Standards Act, 2006.
The central legal point established in the judgment is that under Section 34(6) of the Food Safety and Standards Act, 2006, the designated officer must issue a certificate within seven days of receiv....
The main legal point established in the judgment is the interpretation and application of Section 34 of the Food Safety and Standards Act, 2006, specifically regarding emergency prohibition orders an....
Point of law : Interfering with the sealing/closing of the Petitioners’ factory premises would not effect or hamper the investigation so carried out.
Authorities lack jurisdiction under the Assam Cattle Preservation Act to seal premises during an investigation for illegal sales, rendering such actions unlawful.
The Food Safety Officer has the authority to seize products based on apparent contraventions of the Act, and tobacco products must be evaluated independently without cross-comparisons to other produc....
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