Parle Biscuits Private Ltd vs Food Safety Officer on 20 February, 2025

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Orissa High Court

Parle Biscuits Private Ltd vs Food Safety Officer on 20 February, 2025

Bench: S.K. Panigrahi

                                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                   W.P.(C) No.4920 of 2025

                                  Parle Biscuits Private Ltd.,    ....               Petitioner(s)
                                  Mumbai
                                                                         Ms. Pami Rath, Sr. Adv.
                                                                            along with associates
                                                             -versus-
                                  Food Safety Officer, East       ....         Opposite Party(s)
                                  Coast Railway, Khurda Road
                                  Division, Jatni & Ors.
                                                         Mr. Sidharth Sankar Mohapatra, Sr. P.C

                                             CORAM:
                                             HON'BLE DR. JUSTICE S.K. PANIGRAHI

                                                    ORDER

Order 20.02.2025 No.

01. 1. This matter is taken up through hybrid arrangement.

2. In filing this Writ Petition, the Petitioner being a food manufacturing company, has challenged the order dated 02.01.2025/Annexure-1 passed by the learned Additional District Magistrate, Khordha in Adjudication Case No.02/2024.

3. Heard.

4. Learned Senior Advocate appearing on behalf of the Petitioner submits that the Petitioner also manufactures its product through 3rd party who are generally referred as Signature Not Verified CMU (Contract Manufacturing Unit). The Opposite Party Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication No.2/ Bhagwati Foods Pvt. Ltd is one of such unit. She Location: High Court of Orissa Date: 20-Feb-2025 17:23:10 further submits that prior to initiation of the proceeding, the Page 1 of 3 Food Safety Officer on 29.05.2023 allegedly took the samples from the catering Stall No.5, PF No.6/7, Khurda Road Railway Station and submitted it for analysis on 30.05.2023. The article sent for analysis was Nutricrunch Sugar Free Lite Cracker from Parle Platina. Each packet of article contains 327.6 gms. and four packets were picked up.

5. Thus, as per the provision under Section 46 of the FSS Act, 2006 the Food Safety Officer sent it to the Food Analyst, State Food Testing Laboratory, Bhubaneswar. Thereafter, vide report dated 06.06.2023 bearing No.602/2023 the sample was held to be "misbranded" as per the provision under Section 3.1(zf) of the FSS Act, 2006. Though the said report is appealable as per the provision under Section 46(4) of the FSS Act, 2006, the present Petitioner could not prefer appeal as copy of the said report was not served on it. The Petitioner was not issued notice as per the provision under Section 47(1)(a) of the FSS Act, 2006 while the sample was taken.

6. Learned Senior Advocate appearing on behalf of the Petitioner further contends that the authority concerned has also failed to supply the lab report to the Petitioner. She, accordingly, alleges that there is high-handedness approach of the Board. She, accordingly, prays for allowing the prayer made in this Writ Petition.

Signature Not Verified

Digitally Signed Signed by: AYASKANTA JENA 7. In such view of the matter, let notice be issued to the Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 20-Feb-2025 17:23:10 Opposite Parties. Page 2 of 3

8. Learned counsel for the Union of India waives of notice on behalf of the Opposite Party No.1. Let an extra copy of the brief be served on the learned counsel for the Union of India within two days hence.

9. Issue notice to the Opposite Party Nos.2 to 4 by Registered Post with A.D/Speed Post making it returnable by 11th March, 2025. Requisites for issuance of notice shall be filed within three working days hence.

10. Counter affidavit be filed with service of a copy thereof on the learned counsel for the Petitioner within ten days from the date of receipt of the brief. Rejoinder affidavit, if any, thereto shall also be filed within a week thereafter.

11. List this matter on 12th March, 2025. I.A. No.2749 of 2025

12. Issue notice as above.

13. Accept one set of process fee.

14. As an interim measure, it is directed that operation of the order dated 02.01.2025/ Annexure-1 shall remain stayed till the next date of listing of this matter.

(Dr. S.K. Panigrahi) Judge Signature NotAyaskanta Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 20-Feb-2025 17:23:10 Page 3 of 3

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Orissa High Court