IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

FRIDAY, THE 7TH DAY OF AUGUST 2015/16TH SRAVANA, 1937

WP(C).No. 4277 of 2015 (H)

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PETITIONER :

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K.K.ASHRAF AGED 51 YEARS

S/O.T.KUNHAMMED

'M/S.CITA PANI RESTAURANT' KMC 5/590 D

K.S.R.T.C. BUS STAND COMPLEX, KANNUR -670 002.

BY ADVS.SRI.A.K.ABDUL AZEEZ

SRI.T.K.SASINDRAN

SRI.A.K.NARAYANAN

RESPONDENT(S):

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1. THE DIRECTOR, FOOD SAFETY AND

STANDARDS AUTHORITY OF INDIA

MINISTRY OF HEALTH AND FAMILY WELFARE

OFFICEOF THE DIRECTOR, CENTRAL FOOD LABORATORY, 3

KYDSTREET, KOLKATA - 700 016.

2. THE COMMISSIONER OF FOOD SAFETY

THIRUVANANTHAPURAM - 695 001.

3. THE DESIGNATED OFFICER

OFFICE OF THE ASST.COMMISSIONER OF FOOD SAFETY

CIVIL STATION, KANNUR - 670 002.

4. THE FOOD SAFETY OFFICER

KANNUR MUNICIPALITY, KANNUR CIRCLE, KANNUR -670 001.

R-R1 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL

R4 BY ADV. SRI.K.K.CHANDRAN PILLAI (SR.)

R4 BY ADV. SRI.ARUN ANTONY

R BY GOVERNMENT PLEADER SMT C K SHERIN

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

07-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 4277 of 2015 (H)

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APPENDIX

PETITIONER(S)' EXHIBITS

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EXT.P-1: TRUE COPY OF REPORT NO.836 IN FORM B DATED 4.9.2014 ISSUED BY THE

FOOD ANALYST, REGIONAL ANALYTICAL LABORATORY, KOZHIKODE.

EXT.P-2: TRUE COPY OF THE REGISTERED NOTICE NO.492/2014 DATED 22.9.2014

ISSUED BY THE 3RD RESPONDENT

EXT.P-3: TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE

THE 3RD RESPONDENT DATED 5.12.2014 TO ISSUE THE CERTIFIED COPY OF

CERTIFICATE OF ANALYSIS.

EXT.P-4: TRUE COPY OF THE CERTIFICATE OF ANALYSIS IN FORM A DATED

28.11.2014 ISSUED BY THE IST RESPONDENT

EXT.P-5: TRUE COPY OF THE DECISIONS OF THE HON'BLE DELHI HIGH COURT IN

2014(1) FAC 281 AND 2014(I) FAC 286.

RESPONDENT(S)' EXHIBITS: NIL

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TRUE COPY

P.A TO JUDGE

jma

K. VINOD CHANDRAN, J

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W.P(C) No. 4277 of 2015 M

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Dated this the 07^th day of August, 2015

J U D G M E N T

The petitioner in the above writ petition under Article

226 seeks to circumvent the proceedings under the Food Safety

and Standards Act, 2006 on the basis of alleged discrepancies in

Ext.P1 and P4.

2. Admittedly, food sample was taken from the

petitioner's business premises and on analysis by the Food Analyst,

Ext.P1 report was issued, which indicates that the said sample

contains an added synthetic food colour, which was not permitted

in the said food. The petitioner filed an appeal under Section 46(4)

of the Act, and the certificate of Analysis by Ext.P4 found the

presence of Monosodium Glutamate; which as per the prescription

made under the Act, should not be present in the food item.

3. The petitioner relies on two decisions of the Delhi

High Court produced as Ext.P5 to contend that prosecution should

not be initiated and this Court should set aside the certiorari

WPC.No.4277/2015

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issuance of Ext.P1 and P4 issued respectively by the Public Analyst

and the Central Food Laboratory.

4. Primarily it is to be noticed that the decisions

referred by the petitioner arise from orders in which the discharge

was claimed before the Jurisdictional Magistrate under the

Prevention of Food Adulteration Act, 1954. Since alternative

remedies are available; this Court is not inclined to involve the

extraordinary remedy under Article 226. The writ petition would

stand dismissed leaving open the contentions of the petitioner and

without making any observations on merits or the applicability of

Ext.P5 judgments in the facts of the abov