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2026 Supreme(Online)(Mad) 14136

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.T. ASHA, J
Angel Impex Represented By Is Proprietor, Mr Mahesh Dialdas Kirpalani – Appellant
Versus
The Commissioner Food Safety And Drug Administration Department – Respondent
WMP No.51111 of 2025 | Writ Petition 45864/2025



Advocates:
For the Appellants/Petitioners: Mr.Avinashwadhwani
For the Respondents: Mr. P.Kumaresan, AAG, Assisted by Mr.M.Bindran AGP

The court permits the desealing of premises under specific conditions while investigation proceeds.

Headnote:The petition was filed under Article 226 of the Constitution to quash the refusal to deseal premises by the respondents. The court determined that the premises should be desealed, allowing for the continued storage of seized tobacco products provided they remain untouched pending investigation. The enforcement authority must report compliance by a specified date.

Table of Content
1. nature of the petition concerning premises desealing. (Para 1)
2. condition for desealing linked to ongoing investigation of tobacco. (Para 2)
3. court's directions regarding storage and compliance reporting. (Para 3 , 4)

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26-02-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA and WMP No.51111 of 2025 Angel Impex Represented By Is Proprietor, Mr Mahesh Dialdas Kirpalani S/o Dialdas No 1/1 Kanni Amman Kovil Street, Vanagaram, Chennai 600 095 ..Petitioner(s)

Vs

1. The Commissioner Food Safety And Drug Administration Department Dms Campus, Teynampet, Chennai 600 006.

2. The Designated Officer Food Safety Department, Thiruvallur District, Collectorate Campus, Thiruvallur 602 001

3. The Food Safety Officer Villivakkam Block, Tiruvallur District ..Respondent(s)

PRAYER : Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a writ of Certiorarified mandamus call for the records in proceedings Lr. R. No 19 / A1 / 2025 dated 19.08.2025 on the file of the 2nd Respondent, refusing to deseal the premises of the petitioner situated at No. 1/1, Kanni Amman Koil Street, Vanagaram, Chennai 600 095 and quash the same as illegal, arbtirary and without jurisdiction, and consequently, to direct the Respondents to forthwith deseal the premises and pass AMENDED AS To call for the records in proceedings in R.No. 6015/S9/FSD dated 25.11.2025 on the file of the 1st Respondent, refusing to deseal the premises of the petitioner situated at No. 1/1, Kanni Amman Koil Street, Vanagaram, Chennai - 600 095, and quash the same as illegal, arbtirary and without jurisdiction, and consequently, to direct the Respondents to forthwith deseal the premises and pass. (PRAYER AMENDED VIDE ORDER DATED 22.01.2026 MADE IN WMP.2663/2026 IN WP.45864/2025 BY PTAJ) For Petitioner(s): Mr.Avinashwadhwani For Respondent(s): Mr. P.Kumaresan, AAG Assisted by Mr.M.Bindran AGP

ORDER

The petition has been filed to call for the records in proceedings in R.No.

6015/S9/FSD dated 25.11.2025 on the file of the 1st Respondent, refusing to deseal the premises of the petitioner situated at No. 1/1, Kanni Amman Koil Street, Vanagaram, Chennai - 600 095, and quash the same as illegal, arbtirary and without jurisdiction, and consequently, to direct the Respondents to forthwith deseal the premises.

2.When the matter was taken up for hearing today, the learned Additional Advocate General appearing for the respondents would submit that the petitioner’s premises shall be desealed provided the 766 bags of tobacco products remain untouched by the petitioner since the investigation is pending.

3.Heard the learned counsel on either side and perused the materials available on record.

4.Considering the above facts, this writ petition is disposed of with the following directions:

(a)The 766 bags of tobacco products which has been seized shall continue to remain in the petitioner’s premises;

(b)the respondents shall deseal the premises by today and the work of marking of 766 bags will be done and the said bags will be stored in the petitioner’s premises;

(c)The petitioner shall ensure that these 766 bags will remain untouched till the disposal the case by the Court;

(d)A report shall be filed by the Food Safety Officer, Tiruvallur, on

27.02.2026 informing the Court about the compliance of the aforesaid directions.

(e)The exercise of marking the 766 bags shall be done in the presence of the learned counsel for the petitioner and the petitioner.

Consequently, connected miscellaneous petition stands closed. No costs.

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