ORDER :

Heard learned counsel for the petitioners and learned Government Pleader for Medical and Health.

2. The petitioner approached the Court seeking the prayer which is as follows:

“To issue a writ, order or direction, more particularly in the nature of Writ of mandamus by declaring the action of the respondent Nos.1 to 3 in alleging misbranding the product as absolutely illegal, arbitrary, unconstitutional and violative of article 14, 19(1)g, 21 of the Constitution of India read with statutory provisions of Food Safety and Standards act and consequently direct the Respondent No.1 to Respondent No.3 to set aside the report of Food analysis in report number 627/2021-22, dated 06-11-2021 from a sample of Kamco Kaju Malai bearing code No 011/14/01660/GHMC/2021 in relation to the Petitioner herein”.

3. The case of the petitioners, in brief, is as follows:

a) The petitioner is having license under the Food Safety and Standard Act, 2006 and renewed the same from time to time. b) M/s Superness Food Private Limited is one of the manufacturer whose products are also sold by the petitioner on retail basis. The 2nd respondent visited the shop and lifted four sealed boxes of Kamco Kaju Malai Milk and cashew chocolate bar from the shop of the petitioner and demanded to show food license, GST certificate, Aadhar Card and took signs of the petitioner on few papers. The sample collected on 10.11.2021 was sent to food analysis and food Analyst report dated 06.11.2021.

c) The Food Analysis report analyzed by the 3rd respondent reflects that the 2nd respondent sent the sample on 13.10.2021 whereas the analysis has commenced analyzing on 21.10.2021 and has completed the analysis on 26.10.2021 whereas the report is signed on 06.11.2021. d) The petitioner purchased the goods as per license. The inaction of respondents 1 to 3 is illegal and arbitrary. Hence, this writ petition.

PERUSED THE RECORD

4. The impugned report of Food analysis in report number 627/2021-22, dated 06-11-2021 in relation to the petitioner from a sample of Kamco Kaju Malai Malik and cashew chocolate bar bearing code No.011/14/01660/GHMC/2021 reads as under:

“Certified that I, G.Laxminarayana Reddy, duly appointed as Food Safety and Standards Act 2006 (34 of 2006) for the State of Telangana received from the Food Safety Officer, Circle No.14, GHMC, Hyderabad a sample of Kamco Kaju Malai bearing Code No.011/14/01660/GHMC/2021 of Designated Officer, Central Zone, GHMC, Hyderabad, T.S. area on 13.10.2021 for Analysis.

The condition of seals on the container and the outer covering on receipt was as follows:

The seals on the sample are intact and identical with the specimen impression of seal sent separately.

I found the sample to be Sweets & Confectionery (Category of the sample) falling under Regulation No.2.7.4 of Food Safety & Standards (Food Products Standards and Food additives) Regulations, 2011. The sample was in a condition fit for analysis and has been analysed on 20.10.2021/26.10.2021(date of starting and completion of analysis) and the result of its analysis is given below.

Analysis Report:-

1. Sample Description:- Sample received in a sealed & labelled packet kept in a plastic container.

2. Physical Appearance:-Cream coloured bar.

3. Label:- Kamco Kaju Malai Milk & Cashew Chocolate Bar,

Net wt:6.5gm, B.No.A-07,

Pkd: July 2021.

Best before 9 months.

FSSAI License number:11416850000107 with Logo.

Ingredients: Sugar, partially hydrogenated vegetable fat, Milk solids, Cashew, permitted emulsifiers & Stabilizing agents (E 322, E476) and salt. Mfd by: Superness Food Pvt.Ltd., SKJ Compound, Losadiya mori Dewas Naka, Indore, M.P., India.