Sealing of premises under food safety regulations requires strict adherence to statutory conditions, which were not met in this case.

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 admission, Mr.M.Muthumanikkam, learned Government Advocate took notice for the respondents 1 and 2 and Mr.M.Karunanithi, learned Government Advocate took notice for the third respondent. They sought time for filing counter and the time was also granted.

4. Mr.Muthumanikkam has filed a counter affidavit of the Designated Officer, Tamil Nadu Food Safety and Drug Administration Department, Food Safety Wing, Ramanathapuram District on 21.02.2025. Mr.Muthumanikkam submits that the Minutes of the joint inspection against sale of banned food products containing tobacco and nicotine, habit forming drugs meeting by Additional Chief Secretary, Health and Family Welfare Department on 11.06.2024 at 03.00 pm., enables the Commissioner of Food Safety on receipt of an FIR from the Police Officials, to impose penalty and order closure of shops. He urges it is only on the basis of the Act, Rules and the Regulations and the Minutes that the impugned order came to be passed.

5. Mr.Karunanithi states that a positive final report was filed by the Police. It has been taken on file as S.T.C.No.43 of 2025 on the file of the learned Judicial Magistrate at Thiruvadanai, Ramanathapuram District.

6. I heard Mr.T.Veerakumar, learned counsel for the petitioner, Mr.M.Muthumanikkam, learned Government Advocate for the respondents 1 and 2 and Mr.M.Karunanithi, learned Government Advocate for the third respondent.

7. Mr.T.Veerakumar pleads that no sample was drawn from the petitioner's shop and that the respondents had straight away sealed the premises without following due process of law.

8. Mr.M.Muthumanikkam states that the Designated Officer has the power to cancel or suspend the shop license or registration in terms of Regulation 2.1.8(4) of the Food Safety and Standards (Licensing and Registration of Food Businesses), Regulations, 2011 and also has the power to seal the premises, as he has been empowered to do so in terms of the Food Safety and Standards Act, 2006 r/w Food Safety and Standards Rules, 2011.

9. Mr.T.Veerakumar relies upon a judgment of this Court in Nagoorkani Vs. Commissioner, Tamil Nadu Food Safety and Drug Administration, Chennai and others reported in 2024 (1) CTC 792 to argue that the power of sealing under Rule 2.1.3.4 (i) of the Food Safety and Standards Rules, 2011 can be resorted to only if the conditions of that Clause are satisfied and since in this case, it has not been satisfied, the sealing of the premises is wrong. He further states that there cannot be a demand for compounding the offence, as the requirements of the Act have not been satisfied.

10. I have carefully considered the submissions of both sides. I havegone through the records.

11. The power to seal the premises is available to the Authority under Food Safety and Standards Rules, 2011. This is fou