Only A Food Inspector Can Investigate A Commission Of Offence Related To Food Items As Per The FSS Act

Case: Dharampal Satyapal Ltd. V The State Of Maharashtra And 3 Ors.

Coram: Justice Rumi Kumari Phookan

Case No.: W.P.(Crl.)/12/2022

Court Observation: “The FIR has been registered on the basis of the prohibition issued by the Commissioner of Food and Safety, in Maharashtra. It transpires that such a notification that was issued under Section 30(2) by the Commissioner (FSS) for a period of one year and that being so, the validity of which has already been expired in July, 2020 but the FIR has been registered on 06.12.2021. Validity of such FIR itself is a questionable, whereas on the basis of such FIR the I/O has continued his investigation…The police officials who lodged the FIR, has not indicated the involvement of any other person in the business of said accused person (not even the present petitioner).”

“The fundamental rights of the petitioner to carry out the lawful business has been hampered for such illegal conduct on the part of the investigating officer…Impugned seizure list prepared is hereby quashed and set aside with a direction to release all the seized article to the petitioner forthwith, if not released yet…Petition is allowed with cost of Rs.2 lakhs to be paid by the respondent no.2 to the petitioner company, with a liberty to the petitioner to prefer claim damages before the appropriate forum.”

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Keywords

Food Inspector, FSS Act