Madras High Court
A.Zahir Hussain vs The Food Safety Officer on 24 June, 2021
W.P.(MD)No.14961 of 2020
A.Zahir Hussain v. The Food Safety Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH Court
DATED: 24.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD)Nos.14961 and 15003 of 2020
(Through Video Conferencing)
A.Zahir Hussain ... Petitioner in
W.P.No.14961/2020
N.Vijay Dinesh ... Petitioner in
W.P.No.15003/2020
Vs.
1.The Food Safety Officer,
Code No.577
Office of the Designated Officer,
Tamil Nadu Food Safety and administration wing,
1st Floor, Office of the deputy Director of Health Services,
Multipurpose Health Supervisors,
Training School, Viswanathapuram, Madurai.
2.The Designated Officer,
Tamil Nadu Food Safety and administration wing,
1st Floor, Office of the Deputy Director of Health Services,
Multipurpose Health Supervisors
Training School, Viswanathapuram
Madurai 14 ... Respondents in
both W.Ps.
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.14961 of 2020
A.Zahir Hussain v. The Food Safety Officer
COMMON PRAYER : Writ Petitions are filed under Article 226 of the
Constitution of India for issuance of a Writs of Mandamus to to direct the
respondents to remove the seal from the business premises of the petitioners
at 23, East Veli Street, Madurai and 312 North Masi Street, Madurai
respectively.
For Petitioners :Mr.M.Rajaraman
For Respondents :Mr.R.Suresh Kumar
Government Advocate
COMMON ORDER
The issue involved in both the writ petitions are common and
therefore, they are taken up together, heard and disposed of through this
common order.
2. The petitioners have approached this Court seeking for the issue of
a writ of mandamus directing the respondents to remove the seal from the
business premises.
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.14961 of 2020
A.Zahir Hussain v. The Food Safety Officer
3. The case of the petitioners is that they are involved in the business
of Lorry service. On 07.10.2020, the respondents made a surprise
inspection in the business premises of the petitioners and on conducting a
search, banned tobacco product was found in the premises and the same was
immediately seized. The respondent also sealed the entire premises.
4. The petitioners made a representation to the respondents to remove
the seal. Since the same was not considered, the present writ petition has
been filed before this Court seeking for appropriate directions.
5. The learned counsel for the petitioners submitted that there is no
requirement to seal the entire premises and the alleged banned tobacco
product can be kept in a single room and the same can be sealed and the rest
of the portions can be permitted to be utilized by the petitioners.
6. The learned counsel for the petitioners further submitted that in
view of the sealing of the entire business premises, the petitioners have lost
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.14961 of 2020
A.Zahir Hussain v. The Food Safety Officer
their livelihood and therefore, have approached this Court seeking for
appropriate directions.
7. The learned Government Advocate appearing on behalf of the
respondents submitted that the Gutka products were found in the business
premises of the petitioners and therefore the respondents have proceeded to
seal the premises after taking a sample of the banned product lying inside
the premises and sending it for expert opinion.
8. The learned Government Advocate further submitted that there is
absolutely no ground to remove the seal from the premises, which was used
by the petitioners to store the banned Gutka products.
9. This Court has carefully considered the submissions made on either
side and the materials placed before this Court.
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W.P.(MD)No.14961 of 2020
A.Zahir Hussain v. The Food Safety Officer
10. The attention of this Court was drawn to the earlier orders passed
by the Division Bench of this Court in W.A.(MD) No.356/2021 dated
30.03.2021. The learned Single Judge, who had dealt with a similar case
had come to the conclusion that the respondents have sufficient power to
seal the property under the Food Safety and Standards Act. The learned
Single Judge also took into consideration the fact that the investigation is
pending and till the same is completed, there is no question of removing the
seal from the business premises. It is this order that went on appeal before
the Division Bench.
11. The Division Bench disposed of the appeal and the relevant
portions of the judgment are extracted hereunder:
“3.The issue before us is rather small and limited ie.,
whether the lock and seal may be opened or not. We are of the
view that the removal of the contraband can be done only after
getting appropriate orders from the Court and it would happen
after the charge sheet is filed and cognizance being taken. The
difficulty for the appellant is that from 07.10.2020, the entire
premise has been put under lock and seal and he is not able to
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W.P.(MD)No.14961 of 2020
A.Zahir Hussain v. The Food Safety Officer
carry on his lawful activities.
4.We are also of the view that for the purpose of
keeping the contraband seized the entire buildings need not be
kept under lock and seal and the contraband can be kept in one
room under lock and seal and the lock and seal of the other
two rooms can be removed. If the respondents are satisfied
that the contraband seized can be kept in one room with lock
and seal, they shall accordingly, do so in the presence of the
appellant, after getting his signature with respect to the
material seized and lock and seal and if he is not agreeable,
the order of the learned single Judge would get revived. In
that case, it is open to the petitioner to get appropriate orders
from the Court, which takes cognizance.”
12. A careful reading of the order passed by the Division Bench shows
that the Division Bench has tried to find out a workable solution, wherein
the removal of the seal should not cause prejudice to the investigation and at
the same time, the owner of the premises is also not prevented from putting
to use the entire premises. Therefore, as a via media the Division Bench
directed the contraband seized to be kept in one room under lock and seal
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W.P.(MD)No.14961 of 2020
A.Zahir Hussain v. The Food Safety Officer
and permitted the other portions of the premises to be used by the appellant
therein. The same course can be adopted in the present writ petitions also.
13. In view of the above discussion, there shall be a direction to the
respondents to remove the seal from the premises to keep the contraband
seized in one room and put the lock and seal for that room in the presence of
the petitioners. While undertaking this process, the respondents shall
prepare a Panchanama and also get the signatures of the petitioners. On the
completion of this process, the petitioners can be permitted to use the other
portions of the premises. Immediately after completion of the investigation
and the final report being taken cognizance by the competent criminal Court,
the petitioners can approach the concerned Court and seek for appropriate
orders to remove the seal from the room in which the contraband was kept
by the respondents. This process shall be complied with by the respondents
within a period of two weeks from the date of receipt of a copy of this order.
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W.P.(MD)No.14961 of 2020
A.Zahir Hussain v. The Food Safety Officer
14. The writ petitions are disposed of accordingly. No costs.
24.06.2021
Index : Yes/No
Internet : Yes
RR
Note: In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for
official purposes, but, ensuring that the copy of the order
that is presented is the correct copy, shall be the
responsibility of the advocate/litigant concerned.
To
1.The Food Safety Officer,
Code No.577
Office of the Designated Officer,
Tamil Nadu Food Safety and administration wing,
1st Floor, Office of the deputy Director of Health Services,
Multipurpose Health Supervisors,
Training School, Viswanathapuram, Madurai.
2.The Designated Officer,
Tamil Nadu Food Safety and administration wing,
1st Floor, Office of the Deputy Director of Health Services,
Multipurpose Health Supervisors
Training School, Viswanathapuram
Madurai 14
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.14961 of 2020
A.Zahir Hussain v. The Food Safety Officer
N.ANAND VENKATESH, J.
RR
W.P.(MD)Nos.14961 and 15003 of 2020
24.06.2021
https://www.mhc.tn.gov.in/judis/
