Order imposing Rs 3L penalty on oil trader set aside

Madurai: The Madurai bench of the Madras high court has set aside an order imposing Rs 3 lakh penalty against an oil trader in Tirunelveli district for want of complying with the mandated provisions of the Food Safety and Standards Act by the food safety officer.

The adjudicating authority/ district revenue officer of Tirunelveli district on October 10, 2014 imposed the penalty against the trader R Chandramohan alleging that the trader supplied non-edible gingelly oil as edible oil and also that the analyst report revealed adulteration in it.

The trader, Chandramohan was engaged in selling Shanmugha gingelly oil. On March 19, 2013, food safety officer Vikramasingapuram collected samples of four packets manufactured by Chandramohan, from a shop in the locality and subjected them to analysis. Based on a report, the penalty was imposed.

Challenging it, the trader filed a petition before the high court bench. The petitioner's side told the court that the food safety officer failed to issue notice to the petitioner before collecting the samples or sending the same to the test. Had the officer given notice to the petitioner, he would have sought second test to the sample. Besides, the petitioner printed a label on the packet saying that the oil was non-edible. When an item is a non-edible, the same would not come under the purview of the Food Safety and Standards Act, the petitioner's side said.

The government told that the employee and the owner of the shop admitted that even though it was printed on the packet as non-edible oil, it was sold as edible oil.

After hearing, the court said, "Thus, the court is of the view that a valuable right of the petitioner has been deprived to send the samples for a second examination. The court also holds that the food safety officer did not adhere to the procedures contemplated under the Act and the rules while initiating action against the petitioner and two others. There are lot of deficiencies in the prosecution launched by the food safety officer," the court said.