Gauhati High Court sets aside seizure of factory by Maharashtra cop

'Only Food & Safety Officer can investigate food units'

STAFF REPORTER

GUWAHATI: The Gauhati High Court has held that as per Section 41 and Section 42 of the Food Safety Standards (FSS) Act, 2006 only a Food and Safety Officer has the authority to search and seize food articles and only such an officer is responsible for inspection of food business, drawing samples and sending them to the food analyst for analysis. Only such an officer, and not the police, can thereafter launch the prosecution in a case concerning food items, the court has ruled while setting aside a seizure list prepared by a Senior Inspector (Crime Branch) of the Maharashtra Police with regard to materials and property of a Guwahati-based manufacturer of pan masala.

The court also directed the police officer concerned to release all the seized articles to the petitioner, if not released yet.

The court's ruling came in connection with a Writ Petition filed by the pan masala manufacturer. The petitioner alleged that the Senior Inspector of the Maharashtra Police had entered the company's factory at Bamunimaidam here on March 9 last along with police officials of the Chandmari Police Station without any document/search warrant from any court of law and forcibly seized the entire machinery and articles of the factory of the petitioner and prepared the seizure list (panchnama). The police officer also sealed the gate of the factory. The seizure was apparently done in connection with a case of seizure of a quantity of pan masala from a person in Maharashtra, where the item is banned.

The petitioner submitted that their company has been granted license by the competent authority under the FSS Act to manufacture pan masala, which is classified as a food product, in Assam. It further submitted that the action of the officer of the Maharashtra Police was illegal and should be quashed.

While accepting the petitioner's contention, the court observed that the police officer has caused "utter hardship and inconvenience by seizure of building as well as the articles valued more than crores of rupees. Thereby the petitioner has been compelled to run a legal battle consuming time, energy and heavy cost while continuing such litigation before the High Court… The fundamental rights of the petitioner to carry out lawful business have been hampered due to such illegal conduct on the part of the investigating officer."

As such, the court directed the police officer from Maharashtra to pay a sum of Rs 2 lakh to the pan masala company and stated that the petitioner would be at liberty to claim further damages before the appropriate forum.

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