The Food Safety Officer lacks the statutory authority under the Food Safety and Standards Act, 2006, to unilaterally seize plant and machinery; such drastic actions restricting the right to trade must strictly follow the procedural safeguards and jurisdictional limits prescribed in Sections 33, 34, and 38.

JAGMOHAN BANSAL, J. (ORAL)

1. The petitioner through instant petition under Article 226 of the Constitution of India has made multiple prayers, however, during the course of hearing confined its prayer to release of plant and machinery seized by respondent authorities.

2. The respondent by order dated 14.11.2025 has seized food processing machinery lying in the petitioner’s premises. The machines have been seized on the ground that there is order of Deputy Commissioner, Kaithal.

3. Learned counsel for the petitioner submits that as per Section 33 of The Food Safety and Standards Act, 2006 (for short “2006 Act”) only Court has power to prohibit use of process or treatment or any equipment for the purposes of any food business. Food Safety Officer has no power to seize plant and machinery. The respondent has power to draw sample, search the premises, seize food articles and launch prosecution but has no power to seize machines used to manufacture food articles.

4. On being asked, learned State counsel, on instructions from Dr. Pawan Chahal, Food Safety Officer, Kaithal submitted that petitioner is a habitual offender and is manufacturing sub-standard food articles. Its licence stands cancelled and prosecution has been filed against proprietor of the business entity. The order of seizing machinery was passed on the direction of Deputy Commissioner. The petitioner was repeating the same offence, thus, under compelled circumstances it was decided to seize its machinery.

5. Heard the arguments and perused the record.

6. From the perusal of record, it is evident that petitioner is engaged in the business of manufacturing food articles. Its activities are governed by 2006 Act apart from other applicable laws. As per Section 33 of 2006 Act, if any food business operator is convicted of an offence, the Court may prohibit (i) use of process or treatment for the purpose of food business; (ii) its premises or equipments which are used for food business. Section 34 of 2006 Act provides that Designated Officer, if is satisfied that health risk condition exists, may after a notice served on the food business operator impose prohibitions. Section 38 of 2006 Act provides that Food Safety Officer may draw samples and seize food articles which appear to be in contravention of 2006 Act or regulations made thereunder. Section 41 of 2006 Act empowers Food Safety Officer to search any business premises and seize articles of food or adulterant. Section 42 of 2006 Act provides that Food Safety Officer may launch prosecution. Sections 33, 34, 38, 41 and 42 of 2006 Act are reproduced as below:-

“33. Prohibition orders-(1) If-

(a) any food business operator is convicted of an offence under this Act; and

(b) the court by or before which he is so convicted is satisfied that the health risk exists with respect to that food business,

the court after giving the food business operator an opportunity of being heard, may by an order, impose the following prohibitions, namely:-

(i) a prohibition on the use of the process or treatment for the purposes of the food business;

(ii) a prohibition on the use of the premises or equipment for the purposes of the food business or any other food business of the same class or description,

(iii) a prohibition on the use of the premises or equipment for the purposes of any food business.

(2) The court may, on being satisfied that it is necessary so to do, by an order, impose a prohibition on the food business operator participating in the management of any food business, or any food business of a class or description specified in the order.

(3) As soon as practicable after the making of an order under sub-section (1) or sub-section (2) (in this Act referred to as a "prohibition order"), the concerned Food Safety Officer shall-

(a) serve a copy of the order on the food business operator; and

(b) in the case of an order under sub-section (1), affix a copy of the order at a conspicuous p