Advocates Appeared:
For the Applicant :Kabeer Tiwari, Sr. Advocate.
For the Opposite Party : G.A.

Based on the provided legal document, the liability of a food business operator is not automatically attracted when unsafe food is found in their premises, especially if the food was purchased from a licensed or registered manufacturer with a proper invoice and guarantee of quality. The law emphasizes that the primary responsibility for ensuring food safety lies with the manufacturer or distributor of the food product.

In this case, the restaurant (food business operator) had purchased turmeric powder from a licensed manufacturer, with proper documentation and a guarantee of quality. The court found that such a purchase creates a prima facie presumption that the ingredient was of standard quality at the time of purchase. Therefore, unless there is evidence of negligence or breach of duty by the food business operator, their liability for the unsafe condition of the ingredient does not automatically arise.

Furthermore, the law provides defenses such as due diligence and reasonable precautions taken by the food business operator, which, if proven, can exempt them from liability. The responsibility for unsafe food primarily rests with the manufacturer or distributor who issued the guarantee, unless the food business operator failed in their duty to verify or ensure safety beyond the purchase documentation.

In summary, the liability of the food business operator is not attracted solely on the basis of the presence of unsafe ingredients purchased from a licensed source with proper documentation, provided they have exercised due diligence and complied with all applicable standards and regulations.