Case:- WP(C) No. 573/2024 v. Union Territory of Jammu

Kashmir through its Commissioner/Secretary Department of Food, Civil Supplies and Consumer Affairs civil Secretariat, Srinagar.

2. Food Safety Officer (FSO) Srinagar. Through: .…. Respondent(s) Coram: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE ORDER (25.03.2024)

Through the medium of this writ petition, the petitioner- Del Monte Foods Private Limited is seeking indulgence of this Court to pass a necessary order/direction unto the respondents for disposal of seized stock of Del Monte fruit juices (853 cases) of 240ml tins and (2634 cases) of 150ml tins stocked in the godown of the petitioner company at Sempora, Pantha Chowk, Srinagar. WP(C) No. 573/2024 2

Acting upon a video on social media, the Deputy Commissioner, Food Safety, Kashmir Division came to direct the concerned to carry out the inspection of the godown of the petitioner-company to attend to the situation as allegedly reported in the said social media video.

Accordingly, on 31.06.2022 a departmental team came to carry out the inspection of the petitioner’s godown at Sempora, Pantha Chowk, Srinagar and carried out seizure of 853 cases (240 ml tins) and 2634 cases (150 ml tins) of Del Monte with juice content therein under Section 38(1)(b)(c) of Food Safety and Standards Act, 2006.

Upon the seizure of the said quantity of the fruit juice cases, the same were kept in the godown premises of the petitioner at Sempora, Pantha Chowk, Srinagar. Seizure Memo dated 02.06.2022 to the said effect came to be prepared.

The petitioner-company came to suffer prosecution before the Adjudicating Officer under Section 26(2)(ii)(v) of the Food Safety and Standards Act, 2006 resulting in its penalization with a fine of Rs. 20,000/- in terms of an order dated 09.11.2022. WP(C) No. 573/2024 3

In terms of this order, in addition to imposition of fine, the Food Safety Officer (FSO), Srinagar came to be directed to dispose of the seized fruit juices of aforementioned quantity lying stocked in the godown of the petitioner- company at Sempora, Pantha Chowk, Srinagar.

The grievance of the petitioner is that the seized articles are lying as it is in the godown of the petitioner-company uptill this date and as such with the passage of time have further deteriorated and the concerned official is not acting towards compliance of the direction of the Adjudicating Officer for disposing of the seized material.

It is the grievance of the petitioner that the petitioner on its own cannot act to remove the seized articles so stocked in the godown and, therefore, it is for the respondent No. 2-Food Safety Officer (FSO), Srinagar to act and remove the same for its disposal as warranted under law.

Given the nature of the issue involved, this Court sees no reason to discard the concern of the petitioner registered in the present writ petition for seeking disposal of the seized articles.

This writ petition is accordingly disposed of by directing the respondent No. 2-Food Safety Officer (FSO), Srinagar to carry out appropriate course of action for the removal of WP(C) No. 573/2024 4 the seized goods from the godown of the petitioner at Sempora, Pantha Chowk, Srinagar at the costs of the petitioner and dispose of the removed material as per the procedure prescribed for the purpose. Needful to be done before 07.06.2024.

Connected application(s) also stands disposed of accordingly. SRINAGAR 25.03.2024 Naresh/Secy (RAHUL BHARTI) JUDGE Naresh Kumar 2024.05.21 16:58 I attest to the accuracy and integrity of this document