R CHANDRAMOHAN Vs. FOOD SAFETY OFFICER; DESIGNATED AUTHORITY TAMIL NADU FOOD SAFETY AND DRUG ADMINISTRATION DEPARTMENT; ADJUDICATING AUTHORITY DISTRICT REVENUE OFFICER

JUDGEMENT

(1.) This writ petition has been filed by the petitioner questioning the correctness of the order dated 10.10.2014 of the third respondent, in and by which, the third respondent passed final orders in the proceedings initiated by him under the Food Safety and Standards Act (hereinafter called as The Act) and imposed a penalty of Rs.3,00,000/- as against the petiitoner.

(2.) According to the petitioner, he is engaged in the business of selling non-edible gingelly oil in the name of Chandramohan traders and involved in packing and marketing of the oil under the brand name 'Shanmugha Gingelly Oil'. It is the assertion of the petitioner that the oil packed and marketed by him is a non-edible oil meant for the purpose of lighting only and it is not meant for human consumption. It is his specific contention that the words 'non-edible oil' is clearly printed in the packets marketed by him.

(3.) During the course of such business of the petitioner, on 19.03.2013, the first respondent had collected samples of the oil marketed by the petitioner from a store at Vikramasingapuram in Tirunelveli District. According to the petitioner, the first respondent appeared to have sent the samples so collected by him to the Food Analyst at Vikramasinghapuram area. However, the petitioner was not put on notice regarding the collection of the samples or the sending of the samples to the Food analyst. It is the specific assertion of the petitioner that a notice under form V-A ought to have been served on him as contemplated under the Act either before collecting the samples or before sending the samples to the Food Analyst and non-serving of the notice vitiates all the action taken thereof. Further, a report has been forwarded by the Food Analyst and even such report has not been sent to him. Such a procedure adhered to by the first respondent, according to the petitioner, is in gross violation of the principles of natural justice.