Madhya Pradesh High Court
Worlwide Dreamcorp Limited Through Its ... vs Food Safety And Standard Authority Of ... on 19 November, 2024
Author: Pranay Verma
Bench: Pranay Verma
1 WP-23035-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
WP No. 23035 of 2023
(WORLWIDE DREAMCORP LIMITED THROUGH ITS NOMINEE SUBODH BAKORE Vs FOOD SAFETY AND
STANDARD AUTHORITY OF INDIA AND OTHERS )
Dated : 19-11-2024
Shri Vinayak Balchandani - Advocate for the petitioner.
Shri Ajay Lonkar, learned counsel for the respondent No.3.
By this petition preferred under Article 226 of the Constitution of India, the petitioner has challenged the notice dated 31.08.2023 (Annexure P/5) passed by respondent No.2 the designated Officer under the Food Safety Standards Authority of India.
Respondent No.3 conducted an inspection and took samples of pre- packed chili powder, dhaniya powder and turmeric powder from the premises of the petitioner and sealed it. Without awaiting the reports of the samples, the impugned order dated 31.08.2023 was passed by which the petitioner was prohibited from sale of all the products manufactured/ packed/ repacked / trade by the Food Business Officer.
Learned counsel for the petitioner submits that the sample which was sent as per procedure prescribed under Section 42 of the FSSAI Act have been received and therein it has been categorically held that the sample has not been found to be adulterated meaning thereby that no act as alleged against the petitioner was ever committed by him. It is hence submitted that in view of the report, the order dated 31.08.2023 looses efficacy and the action as proposed thereunder cannot be taken.
Learned counsel for the respondent prays for a short time for seeking Signature Not Verified Signed by: SHILPA NAGDEVE Signing time: 20-11-2024 10:53:20 2 WP-23035-2023 instructions in that regard.
List the matter on 22.11.2024.
(PRANAY VERMA) JUDGE Shilpa Signature Not Verified Signed by: SHILPA NAGDEVE Signing time: 20-11-2024 10:53:20