BLUE PLANETS FOODS PVT.LTD. Vs. STATE

JUDGEMENT

(1.) The petitioners herein are accused 1 to 7 in C.C.No.2976 of 2020 on the file of XVII Metropolitan Magistrate, Saidapet, Chennai. The complaint is filed by a public servant namely, the Food Safety Officer, Chennai District under Sec. 59 (1) of the Food Safety and Standards Act, 2006.

(2.) The substance of the complaint is as under:- The complainant/Food Safety Officer (in short "FSO"), on 31/1/2019, after obtaining permission from the Designated Officer went to M/s The Forum Vijaya Mall at Vadapalani, Chennai at about 12.30 hrs. In the said Mall, at the second floor, he found M/s Salt Restaurant functioning under the banner of M/s Blue Planets Foods Pvt Ltd. The FSO enquired about the safety and standard of the food served in the restaurant with Mushtaque Alam, the seventh petitioner herein, who was the Manager of the restaurant. In the store, he found 5 Kgs of 'FRYMS'. The seventh petitioner told the FSO that it was purchased from the local market and kept for the customers for whom on their order he will fry it and serve. After explaining to the 7 th petitioner, the provisions of Food Safety and Standards Act, 2006 and the right under theFood Safety and Standards Act, 2006, to opt for the samples to be sent to National Lab (NABL). The FSO informed to the 7 th petitioner that he is going to draw sample and sent it for lab test. The FSO draw 2 kgs of FRYMS paying Rs.100.00 for the cost of the FRYMS. They were divided into 4 portions and labelled as I , II , III and IV. The mahazar for drawing samples prepared in the presence of witnesses. The seventh petitioner acknowledged by signing in it.

(3.) On the same day, one of the sample packet marked as ' I ' was sent to the Food Analysis Lab at Thanjavur. The remaining 3 samples labelled as II, III and IV were handed over the Commissioner, Food Safety, Chennai. On receipt of the sample for test, the Food Analyst at Food Analysis Laboratory, Thanjavur, wrote a letter dtd. 04/02/2019 to the Commissioner that it is not possible to complete the analysis within the period prescribed under Sec. 46 (3) (ii) and FSS Rules 2.4.2 (6) due to administrative reasons and also the 14th day falls for many of the samples due to report. Thereafter, from the Lab the Commissioner of Food Safety got the report dtd. 23/11/2019 stating that the sample drawn and sent for test is unsafe for consumption, since it contains added colour Sunset Yellow, Ponceau 4 R, Tartrazine and Brilliant Blue which shall be absent with respect to 6.7 of food category System in Appendix A of Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011.