MUTHUPANDI D Vs. COMMISSIONER

JUDGEMENT

(1.) The petitioner is running a tea shop in Pykara, Madurai. In the year 2022, the Inspector of Police, C2 Police Station has registered a case as against this petitioner for the offence punishable under Sec. 24(1) Cigarette and Tobacco Act. In the said case, he has pleaded guilty and also paid the fine amount before the Judicial Magistrate Court No.IV, Madurai on 26/9/2023. The second respondent has once again found that this petitioner is selling tobacco products. Therefore, the second respondent has issued an Emergent Prohibition Notice as per Sec. 34(1) of Food Safety and Standards Act, 2006 and sealed this petitioner's shop. A notice was also issued by the second respondent on 26/9/2023 in R.No. 1895/FSD/2023 and the same is under challenge in this writ petition.

(2.) The learned counsel appearing for the petitioner submits that the petitioner is now realized his mistake and has also come forward with an affidavit of undertaking that hereafter he will not sell any tobacco products and other banned products in his tea shop. He has also put a board to that effect in his shop. The learned counsel further submits that the second respondent, who has sealed the petitioner's tea shop is not having any authority to seal the premises, as per Sec. 34 of the Food Safety and Standards Act, 2006 and the authority is the first respondent/the Commissioner, Tamil Nadu Food Safety and Drug Administration Department, Chennai. Therefore, on this ground, the impugned order is liable to be set aside.

(3.) The learned Government Advocate appearing for the respondents 1 to 3 submits that the Designated officer is having a power to seal the shop under Sec. 36 of the Food Safety and Standards Act, 2006. Accordingly, action has been taken as per Sec. 36 of the Food Safety and Standards Act, 2006 and not under Sec. 34 of the Food Safety and Standards Act, 2006 as claimed by the petitioner.