The Designated Officers under the Food Safety and Standards Act (FSSA), 2006 cannot seal a business premises without issuing a show cause notice and conducting an enquiry into alleged violation of the legal provisions, the Madras High Court Bench here has said.
Justice M. Venugopal made the observation while issuing an interim direction to the Designated Officer in Virudhunagar district to unseal a private firm involved in the trade of coriander powder (Dhania). The building was sealed on December 17 on a charge of violating food safety rules.
Agreeing with the petitioner’s counsel, R. Gandhi, that sealing the premises all of a sudden would deprive the owner as well as the workers of their livelihood, the judge said it was essential to follow the principles of natural justice in every matter that might lead to civil consequences.
“The affected/aggrieved party should be given prior notice, fair opportunity of hearing and also if need be a personal hearing… If any of them is found to be absent or wanting, then it is a clear case of arbitrariness, capriciousness and negation of principles of natural justice,” he added.
The judge also pointed out that in the present case, the Designated Officer’s December 17 order did not indicate that a prior notice was issued to the petitioner before sealing his firm on the basis of an inspection of the premises and collection of samples of coriander on the same day.
In his affidavit, the petitioner, N. Pugazhraj, contended that the FSSA authorised the officers only to seize the food consignment, and not to seal the entire business premises, if an analysis of the food samples showed signs of violations of the food safety rules.
Due process of law needs to be followed during inspections / raids.
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