SHIVKUMAR Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally with the consent of parties. The petitioner challenges order passed by the Designated Officer, Food & Drugs Administration, Maharashtra State, Ahmednagar on 6.12.2012, annexed at Exhibit K to the petition. The petitioner is a supplier of goods and is supplying various food items including Ghee by participating in tenders floated by Shri Saibaba Sansthan, Shirdi. The last tender wherein the petitioner participated was effective for a period from June 2012 to September 2012 for supply of Maharatan brand cow-ghee under the name of Chambal Dairy products. The petitioner executed agreement with Shri Saibaba Sansthan, Shirdi on 30.7.2012 for supply of gaoran ghee. The petitioner submits that, he supplied 1225.40 quintals ghee till 24.8.2012. The last supply was made on 15.8.2012 of 1000 tins, which was lot No. 12. On 21.8.2012, the petitioner claims to have supplied 900 tins of Lot No. 12 and 15. The said goods were supplied on credit and it was agreed between the parties that price of the goods would be paid within a period of one month after the supply was made. It is submitted that, so far the price of the said food item ghee has not been paid by the respondent Sansthan to the petitioner. Out of lot No. 12, 573 tins of ghee was used and out of lot No. 15, 96 tins were used for preparation of bundi laddu for the purposes of Prasad by the respondent Sansthan. The petitioner's contention is that, it was noticed by the Sansthan that laddu prepared were giving sour taste. The news item was widely published and circulated in respect of laddu prepared by the Sansthan having bad odour in it.

(2.) It is submitted that, on 20.8.2012, the respondent No. 4 visited Madhyawarti Bhandargruha (Central Store) of the Sansthan and seized cow-ghee supplied by the petitioner in tin packing of 15 kg. each. The products were stored in the lot of Batch No. 12 and Batch No. 15.

(3.) The Food Safety Officer filed Misc. Application No. 8/2012 on 12.10.2012 before the Designated Officer and prayed for disposal order of seized food articles stated therein. A supplementary application dated 30.11.2012 was filed before the Designated Officer along with N.O.C. Certificate prepared by Referal Food Laborator, Ghaziabad. After perusing the said certificate and the evidence adduced by the Designated Officer, by order dated 6.12.2012, the Designated Officer directed to destroy the said food article of cow-ghee supplied by the petitioner. The food analysis report submitted by the Food Analyst, State Public Health Laborator, Pune on 7.9.2012 is annexed at Exhibit D. Another report furnished by Food Hygiene and Health Laboratory, Pune, concerning the subject sample is annexed at Exhibit E. The report furnished by the Referal Food Laboratory, Government of India, Ghaziabad on 6.9.2012 is annexed at Exhibit F.