PRABIN PHUKAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant writ petition under Article 226 of the Constitution of India is preferred assailing the legality and validity of an Improvement Notice dtd. 2/1/2024 issued to the petitioner by the Food Safety Officer, Golaghat [the respondent no. 6].

(2.) The projected case of the petitioner is that the petitioner started a business at Chandmari, Golaghat for manufacture and distribution of packaged drinking water in 20 litres bottles in the year 2021. For the purpose of carrying out the business, the petitioner has got himself registered with the Commissionerate of Food Safety, Health and Family Welfare Department, Food Safety and Standards Authority of India [FSSAI] vide Registration Certificate no. 20321120000138 under the Food Safety and Standards [FSS] Act, 2006. The Registration Certificate was issued on 18/9/2021 and the same has a validity period up-to 17/9/2026. Accordingly, the petitioner has started manufacturing and distributing packaged drinking water in 20 litres bottles with the brand name of 'Leeya'. Apart from obtaining a trade licence from the jurisdictional Municipal Authority, that is, the Municipal Board, Golaghat, the petitioner has stated that the petitioner has got the sample of his packaged drinking water analysed by the Food Analyst as required under the Food Safety and Standards [Food Products Standards and Food Additives] Regulations, 2011 and the Food Analyst after analyzing the sample, had submitted a report that the petitioner's sample was found chemically satisfactory with respect to the test carried out. The petitioner is also registered with the Ministry of Micro Small, and Medium Enterprises, Government of India as a micro enterprise under the Micro, Small and Medium Enterprises Development [MSMED] Act, 2006.

(3.) When the petitioner is carrying out the manufacturing and distribution of packaged drinking water in 20 litres bottles under the brand name of 'Leeya', the petitioner has been served with the impugned Improvement Notice dtd. 2/1/2024 whereby the petitioner has inter alia been asked to produce the Bureau of Indian Standards [BIS] Certificate and to apply for FSSAI License. By serving the said Improvement Notice, the petitioner has been asked to comply with the conditions mentioned therein within a period of 7 [seven] days. Aggrieved thereby, the petitioner has preferred the instant writ petition.