M/S.Ar Bachawat Trading Pvt. vs The Designated Officer
2023 Latest Caselaw 4958 Mad

                                                                                W.P.No.29831 of 2017

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 28.04.2023

                                                      CORAM

                              THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

                                             W.P.No.29831 of 2017
                                                      and
                                         W.M.P.Nos.32200 to 32202 of 2017
                                                      and
                                            W.M.P.No.19809 of 2018

                     M/s.AR Bachawat Trading Pvt., Ltd.,
                     Rep.by its authorized signatory Mr.Dinesh
                     No.27/5, Erulappan Street,
                     Chennai – 600 079.                                             ...Petitioner

                                                         Vs.

                     The Designated Officer,
                     Food Safety and Drug Administration
                     Office of Deputy Director of Health Services,
                     No.54/5, Assoori Street,
                     Tiruvallur District, Tiruvallur – 602 001.                   ..Respondent


                     Prayer : Writ Petition filed Under Article 226 of the Constitution of India,
                     to issue a Writ of Mandamus, directing the Respondent herein to release the
                     HANS CHHAP TOBACCO more specifically around 430 boxes and 180
                     bags of HANS Chhap tobacco seized by them on 01.09.2016.




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https://www.mhc.tn.gov.in/judis
                                                                                         W.P.No.29831 of 2017




                                     For Petitioner         : Mr.V.Raghavachari
                                                              Senior Advocate
                                                              For Mr.D.Saikumaran

                                     For Respondent         : Mr.T.Arunkumar
                                                              Additional Government Pleader


                                                            ORDER

The relief sought for in the present writ petition is for a direction to

direct the Respondent to release the HANS CHHAP TOBACCO more

specifically around 430 boxes and 180 bags of HANS Chhap tobacco seized

by them on 01.09.2016.

2. The facts and circumstances of the present writ petition is similar

to that of the writ petition in W.P.No.34737 of 2015 dated 28.04.2023.

3. The learned Senior counsel appearing on behalf of the petitioner

mainly contended that the goods seized by the respondents are admittedly

with their custody. Therefore, the said goods are to be released.

https://www.mhc.tn.gov.in/judis W.P.No.29831 of 2017

4. In view of the orders passed in W.P.No.34737 of 2015 and

considering the fact that the Hon'ble Supreme Court of India granted stay of

the Hon'ble Division Bench judgment dated 20.01.2023 in W.A.No.2093 of

2018, the relief as such sought for in the present writ petition cannot be

granted.

5. The learned Additional Government Pleader appearing on behalf of

the respondents made a submission that the goods are expired long back and

it cannot be allowed to be released, since it is unfit for consumption. In the

interest of public, such expired goods cannot be allowed to be released since

there is a possibility of misuse or otherwise by the persons, who all are

taking possession of such products after release by the competent authorities

or by the Courts.

6. Thus, in the interest of public, this Court is of the opinion that the

goods seized, which all are expired became unfit for human consumption

are to be destroyed in the manner contemplated, since it is a Tobacco

product and to be destroyed by following the procedures.

https://www.mhc.tn.gov.in/judis W.P.No.29831 of 2017

7. In this regard, the respondents are directed to issue notice to the

petitioner within a period of two weeks from the date of receipt of a copy of

this order and provide an opportunity to the petitioner to take a decision,

whether the petitioner will destroy the goods by following the procedures by

the respondents. If the petitioner undertakes to destroy the goods in their

place, then it must be done in the presence of the competent authorities of

the Food Safety Department. In the event of destruction by the respondents,

then the petitioner is directed to bear the destruction expenditures as

demanded by the respondents Department.

8. On receipt of notice from the respondents, which is to be issued

within a period of two weeks, the petitioner is at liberty to take a decision

and inform the respondents within a period of two weeks from the date of

receipt of a copy of the notice from the respondents. In the event of no

response from the petitioner, the respondents are directed to destroy the

harmful materials by following the procedures and thereafter, recover the

expenditures from the petitioner by following the procedures. In any event,

the entire exercise of destruction must be completed within a period of six

weeks from the date of receipt of a copy of this order.

https://www.mhc.tn.gov.in/judis W.P.No.29831 of 2017

9. With the above directions, the writ petition stands disposed of. No

costs. Consequently, connected miscellaneous petitions are closed.

28.04.2023

Index : Yes Speaking order Neutral Citation:Yes kak

To

The Designated Officer, Food Safety and Drug Administration Office of Deputy Director of Health Services, No.54/5, Assoori Street, Tiruvallur District, Tiruvallur – 602 001.

https://www.mhc.tn.gov.in/judis W.P.No.29831 of 2017

S.M.SUBRAMANIAM, J.

kak

W.P.No.29831 of 2017 (2/2)

28.04.2023

https://www.mhc.tn.gov.in/judis