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2017 DIGILAW 668 (PAT)

Madhu Sudan Prasad v. State of Bihar

2017-05-10

SANJAY PRIYA

body2017
SANJAY PRIYA, J.:–The petitioner is aggrieved by the order dated 12.11.2013 passed by the Additional Sessions Judge XIV-cum-Special Judge, Food Safety Act, Patna, in Special Case No.10 A of 2012 by which he has refused to release 25 tins Ghee allegedly seized by the Food Safety Officer. 2. Heard learned counsel for the petitioner and the learned APP for the State. 3. From the impugned order, it appears that the learned Court below has rejected the petition mainly on the ground that the seized Ghee, on examination, was found to be sub-standard. The report of the Food Analyst is annexed as Annexure-5 in which it has been mentioned that the sample of Ghee does not confirm the prescribed specification under item no.2.1.10 (2 of FSSR-2011) and, hence, it is substandard. 4. Learned court below has mentioned in the impugned order that in terms of Section 38(4) of the Food Safety and Standards Act, 2006, if the Food Safety Officer is satisfied that such articles of food is so deteriorated that it is unfit for human consumption, he may after giving notice in writing to the food business operator, cause the same to be destroyed. The Food Analyst has mentioned in the report that the seized Ghee is substandard but it is not mentioned that it is unfit for human consumption. 5. Counsel for the petitioner has read out Section 3(zx) of the Food Safety and Standards Act, 2006, in which “sub-standard” has been defined in following terms:— “3(zx) “sub-standard”, an article of food shall be deemed to be sub-standard if it does not meet the specified standards but not so as to render the article of food unsafe;” 6. In such circumstances, since Ghee is perishable item, there is only two options available to the Court below; first, either to release the same if it is fit for human consumption or to direct the Food Safety Officer after giving notice in writing to the food business operator to get it destroyed in terms of Section 38(4) of the Food Safety and Standards Act, 2006. 7. It has been submitted that Ghee has been kept in Fatuha Police Station since 2012 after its seizure. 8. 7. It has been submitted that Ghee has been kept in Fatuha Police Station since 2012 after its seizure. 8. In view of such, this application is disposed off with direction to the Court below to seek report from the Food Safety Officer whether the seized Ghee is fit for human consumption and in the event, report is received that it is unfit for human consumption, he will direct the Food Safety Officer to take appropriate steps in terms of Section 38(4) of the Food Safety and Standards Act, 2006, for destroying the Ghee. In the event, seized Ghee is found fit for human consumption, the Court below will release the same in favour of the petitioner to its own satisfaction on such terms and conditions as it may think fit and proper. 9. The Court below will pass final order in matter within a period of three months from the date of receipt/production of a copy of this order in terms of the direction/observation made above by this Court. 10. This application is, accordingly, disposed off.