IVlr.Anil Babu Korrapa v. 'ect the release of the seized goods c)

Petition under Section 151 CPC pra ng that in the circumstances stated in e High Court may be pleased to direct release the seized items namely 1) f 5ml vials) and 2) Bacillus Clausii the affidavit filed in support of the petition, t the Second Respondent Drug lnspector Bacillus Cbusii Gutwell (Quantity - 49BB Bakteriya shtammining polirezistent sporala (Quantity - 5988 of 5ml vials) IA NO: 2 OF 2025 PetitionunderSectionl5lCPCprayingthatinthecircumstancesstatedin theaffidavitfiledinsupportofthepetition,theHighCourtmaybepleasedtostay ill fr.th", proceedings No. Rc. 02/NRKFTDt/SRD/S2/2025 da.ed 20-02-2025 Counsel for the Petitioner: SRl. AKELLA SREENIVAS Rl\O Counsel for the Respondent Nos.1 to 3: GP FOR MEDIC'{L HEALTH FW The Court made the following: ORDER THE HON'BLE SRr JUSTTPE E.V. VENUGOPAL WRIT PETITION No 7os7 0F 20.25 ORDER: This Writ Petition is filed und]er Article 226 of Constitution of India seeking the following relief/p:- "... to pass an order, or wnt particularly ond in the naturc olwrit olmandamus a) Declaring Lhe seizure Procecdings No. Rc.02l NRI(R/ DI/SRD/ S2l2025 dated 20,02-2025 as illegal, without tLrtisdiction and ultra vrres rhe Dr.ugs and eosmerics A( I and theConstirr-rtion]o ndic b) Conscquently oirer I lhc relrasc of rh..Jrzetl goods c) Direct the payment of compcnsation ai this Hon'ble Courl decms IiL and pcss such othcr a nd fu rr her ordcrs . ' 2. Heard Mr.Akella Sreenivasa learned counsel for the petitioner, learned Assistant Gover ent Pleader for Medical and Health appearing for respondent No + 1to3

3. The brief facts of the case e that the Petitioner is the Managing Partner of M/s.Prosafe Biologicals LLP Company, which was registered as a Limited If iability Partnership firm and manufacturing food supplements fr{m the year 2018 onwards. It is stated that the main ingredients of the food supplements are the Probiotic Bacillus Clausii, duly recognized under the Food Safety and Standards (Health Supplpments, Nutraceuticals, Food for Special Dietary Use, Food fo1 Special Medical Purpose, Functiongl Food and Novel Food) ) l- Regulations, 2O 16 under ..r1 -,,,,. Schedule VII but not 'drug' as defined under Section 3(b) of the Drugs and Cosmetics Act, 1940. It is stated that the license dated l4-12-2O2O is issued by respondent No.4, FS S.a.l bearing License No.10018047000943, nhich vvas extended orr 12-01-2025. It is further stated that on 2O.O2.2O25, respondent I'los.2 and 3 came to the premises of the Company along with anti-social elements, within any notice and claimed that ttre petitioner was manufacturing drugs. Upon inspection, no dnrgs were found but, respondent No.2 had seized the following goods:- (i) Bacillus Clausii Gutwell (Quantity - 49BB of 5 mi vials); (ii) Bacillus Clausii Bakteriya shtamnrining polirezistent sporalari (Quantity - 5988 of 5 ml vials) and initiated proceedings under the Drugs and Cosmetics Act.

4. It is further stated that respondent No.1l/Drrrg Inspector conducted seizure palchanama and issrred notice dated 2O-O2-2O25; that the respondents have no .jurisdiction in this matter as there is no "drug" involved in the Company premises and the two items are the Food Supplements as mentioned in the license. Aggrieved by the impugned proceeclir: gs dated 20-02- 2025 the petitioner filed the present Writ PetitiorL I 3

5. Learned counsel for the petiti ner submits that the seized products are food with added probi tics and not 'drugs'; that the -I U) seized items are perishable and se sitive goods; that they must ,f be stored in a temperature controllpd environment under 15-25 Degrees Celsius; that if the seizure continues, they will become junk/garbage. He states that t products are stocked in Company premises for delivery Uzbekistan which should commence within a r,l,eek Stating t hl.l s, he seeks to allow the Writ Petition.

6. On the other hand, learned ,Alssistant Government Pleader submits that the petitioner had afipady surrendered his iicense and hence, he is not authorized to manufacture the said drugs. She further states that as per t e 'Central Drugs Standard h Control Orgalisation', the name pf the seized substance is, tsacillus Calusii Spores suspension (2billion/S ml vial) and it is a drug used for the treatment of the 'alteration of intestinal bacterial flora' 7 . She further submits that the eized substance was sent to F the Government Analyst, Drugs pontrol Laboratory and the report disclosed that the composit on of the said substance is "Bacillus Clausii Spores", which is a drug as defined under 1 ) I 4 Section 3(b) of the Drugs and Cosmetics ,\ct. For better understanding Section 3(b) of the Drugs and Oosmetics Act, 1940 is extracted as hereunder:- Section 3(bl The Drugs And. Cosmetics Act, l94O Section 3{b) "drug" inciudcs-(i) all medicines for intern.tl or external use of human beings or animals and alI subslances tntended ti, b,: usccl for or in the diagnosis, trcatment, mitigation or preventton of any rlist.ase or disordcr in human beings or animals, includtng prcparations applied tn human body lor thc purpose oI repelling inse((s likc mosqur o.s: (ii)such substances (othcr than [ood) intended to affect the structure or any Iunction of thc human body or intende(l to be used for the dr)struction ol vermin or insects which cause discase in humitn beings or animals, as mar. ltc specrfted from time to time by the Central (iovernmenf by notification in thc Official Gazette; (iii)all substances intendcd for use as componenrs oI a drrrg lncluding empty gclalrn capsll li.s: and (ivlsuch devtces* intendcd for internal or cxternal usc in th I d agnosis, treirLrnent, mitigarion or prevention of disease or disorder in hurnan beings or .tnimals, as may be speci{red from Lime to time by lhe Central Governrnent bi. notification in the Olficial Cazettc, afl.r consultarron \\ith lhe Boctd;-

8. Mbreover, it is pertinent to note that Section 22 ol FSSAI Act prcihibits the manufacture, sale or import o: products falsely marketed as food but classified as dr-ugs un ler the Drugs and Cosmetics Act, 1940.

9. Having regard to the submissions of both the learned counsel and upon perusal of the material availabie on record, it is apparent that the petitioner had already surrendered his license to manufacture the said 'drug'. Even after s;urrendering the license, the petitioner started manufacturing the same clrug at his unit in the name and style of M/s. Prosa_fe Bilogicals LLp and selling the said substances as 'Bacillus CLctusii. ()ututeLl,, ,BacilLus ) ) & 5 Clausii Bakteig a shtammining polirqzistent sporalai'. Naming the drugs identically as of the nardes of food supplements as authorized to be manufactured unIer FSSAI Act makes the petitioner liable for criminal prosecut on. Therefore, this Court is not inclined to entertain the Writ Pet]ition and the same is liable to be dismissed

10. Accordingly, the Writ Petition is pismissed. No costs. Miscellaneous Petitions, pendinfi if any, shall stand closed \ To, //TRUE CdPY// SD/- AHM ASS ED ABDULLAH KHAN ISTANT REGISTRAR SE o N OFFICER

1. One CC to SRl. AKELLA SREENIVAq RAO Advocate IOPUCI 2. Two CCs to GP FOR MEDICAL HEA LTH FW ,High Court for the State of Telangana. [OUTI

3. Two CD CoPies (+ KKS GJP /, HIGH COURT DATED:2610312025 ORDER WP.No.7057 of 2025 z//- ( . :. L. r jllr.\.- - a,'.\ -,<\ ,, \ 23 Al]8 2E i '.' ,- _. , ;.,,(-l:_.:l - --:-_ ;:=-- DISMISSING THE WRIT PETITION WITHOUT COSTS (u 3t t ,,\