Case Note & Summary
The petitioner, Satyaraj M, claiming to be a nominee of M/s Maharaja Industries, a manufacturer of Shashi Iodine Crystal Salt, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking to quash an order dated 30.12.2016 passed by the Deputy Commissioner, Chikkaballapur District (Respondent No.1). The order was passed under the Food Safety and Standards Act, 2006, seizing the petitioner's product. The background of the case is that on 7.9.2015, Respondent No.2 (Designated Officer) visited the shop of Respondent No.3 (Kiran Kumar) and collected a 1 kg pack of Shashi Iodine Crystal Salt, which was sent to the Public Health Institution, Bangalore for examination. Subsequently, the Deputy Commissioner passed the impugned seizure order. The petitioner contended that the order was passed without giving any opportunity of hearing to the petitioner and without following the procedure under Section 47 of the Food Safety and Standards Act, 2006. The court examined the matter and found that the order was indeed passed without complying with the statutory requirement of providing an opportunity of hearing. The court held that the seizure order under Section 47 must be preceded by an opportunity of hearing to the affected party, and the failure to do so violates principles of natural justice. Consequently, the court quashed the impugned order and remanded the matter to the Deputy Commissioner for fresh consideration, directing that the petitioner be given an opportunity of hearing before passing any fresh order. The writ petition was allowed in part.
Headnote
A) Food Safety and Standards Act, 2006 - Section 47 - Seizure Order - Natural Justice - The petitioner, a nominee of a salt manufacturing company, challenged the seizure order passed by the Deputy Commissioner under Section 47 of the Act. The court held that the order was passed without giving any opportunity of hearing to the petitioner and without following the procedure under Section 47, which requires the designated officer to give an opportunity to the person from whom the sample was taken to explain. The court quashed the order and remanded the matter for fresh consideration after hearing the petitioner. (Paras 1-5) B) Food Safety and Standards Act, 2006 - Section 47 - Procedure - The court observed that the seizure order under Section 47 must be preceded by an opportunity of hearing to the affected party. The failure to do so violates principles of natural justice and renders the order invalid. (Paras 3-5)
Issue of Consideration
Whether the order passed by the Deputy Commissioner under the Food Safety and Standards Act, 2006, seizing the petitioner's product, is sustainable when the petitioner was not given an opportunity of hearing and the statutory procedure under Section 47 was not complied with.
Final Decision
The writ petition is allowed in part. The impugned order dated 30.12.2016 passed by the Deputy Commissioner, Chikkaballapur District, is quashed. The matter is remanded to the Deputy Commissioner for fresh consideration, after giving an opportunity of hearing to the petitioner, in accordance with law.
Law Points
- Natural justice
- Right to be heard
- Statutory compliance
- Food safety
- Seizure order
- Section 47 Food Safety and Standards Act
- 2006
- Opportunity of hearing
- Sample testing procedure
