GAHOI GRAH UDDHYOG Vs. STATE OF M.P.

JUDGEMENT

(1.) The present petition is being filed by the petitioner seeking following reliefs:

(2.) Learned counsel for the petitioner submits that the petitioner is running the floor mill in the name and style of Gahoi Grah Uddhyog in Transport Nagar, Gwalior and the petitioner has registered the firm under Rule 3 (3) of Shop and Establishment Act, 1958. It is submitted that the joint inspection has been carried out at the petitioner's floor mill on 28/1/2021 and during inspection by respondent no.5 and his colleague it is alleged that in the premises of the petitioner Chilli, Coriander and Turmeric Power etc. were being flooring and packed and at the time of incident in the name of Khwaish Chili Poweder, Coriander Power were store and also inspecting authority found the colour and mustered oil and after taking over the possession of edible spices the sample were taken for the analysis and in this regard the Food Safety Officer prepared the form 5-A under Rule 2.4.1 (3) of FSSA 2011. The aforesaid samples of edible spices which were taken from the Floor Mill Plant of the petitioner sent to the Food Analyst State Food Testing Laboratory from where report is awaited, but without receiving any sample report on 29/1/2021 Designated Officer had written the letter to Superintendent of Police for registering the FIR against the petitioner. In pursuance to the aforesaid letter an FIR has been registered at Crime No.99/2021 for the offence under sec. 420, 272, 273 of IPC. It is submitted that the respondent authority was having no jurisdiction to lock the premises of the petitioner under any law. Learned counsel for the petitioner submitted that the respondent authority has no right to lock the immovable property and at the most they can remove the objectionable food articles and in this regard the petitioner has placed reliance on the decision of this Court passed in the case of Rajkumar Rathor Vs. State of M.P. and others, W.P.No.19701/2019 in which this Court has clearly held that immovable property cannot be seized and sealed by inspecting authority in case of keeping any objectionable food material in the said premises at the most if the inspecting authority has apprehension food article substandard and adulterated then they may only remove the said article from the said premises as considered by Hon'ble Apex Court in the case of Nevada Properties Pvt. Ltd. Vs. State of Maharashtra, 2019 (20) PN 19. It is argued by the learned counsel for the petitioner that the premises of the petitioner may kindly be unlocked and further the FIR registered against the petitioner at Crime No.99/2021 may kindly be quashed.

(3.) Per contra, counsel for the State has opposed the petition and argued that the petitioner is involved in the manufacturing, storage and sale of adulterated food articles specially spices. It is further argued that on 28/1/2021 the Food Safety Officer, Gwalior along with team raided the house of Rajendra Shivhare from where the petitioner is running business by name and title of Gahoi Grah Uddyog (Floor Mill). During inspection of the premises the petitioner was present and various adulterated food articles along with packing material etc. of various forged names are being recovered and seized and on the report of the Food Safety Officer an FIR under Sec. 272, 273, 420 of IPC has been registered at Crime NO.99/2020 before Police Station Bahodapur on 29/1/2021 against the proprietor of the petitioner's firm. It is further argued by State Counsel that as per the provisions of FSSA team lifted the samples from the petitioner's premises which are prima facie reflected to be adulterated. It is further argued that after inspection and sampling of adulterated food articles as per the provision of sec. 38 the Food Safety Officer along with designated officer as defined in sec. 38 of the said Act kept such article in the custody of petitioner and after taking consent of petitioner's firm proprietor and a bond as per the provisions of sec. 38 the premises was closed until petitioner's firm obtain a valid licence and registration of business to operate its business from the raided premises i.e. Gahoi Grah Uddyog at Girraj Colony behind Sudarsan Petrol Pump Transport Nagar. Therefore, it is clear that in absence of Shop Registration Act and licence as per FSSA the premises was closed after taking consent only till petitioner obtain valid legal documents to run his business from Transport Nagar. Therefore, the judgment relied upon by the petitioner in the case of Nevada Properties (supra) is not applicable to the facts and circumstances of the present case and prays for dismissal of the writ petition.