Final Order 1

Order Details: Copy of Order - 1
Pdf Text: 1 (C.C. NO.4600889/MISC/2020)
IN THE COURT OF THE METROPOLITAN MAGISTRATE,
46TH COURT, MAZGAON, MUMBAI
C.C. NO. 4600889/MISC/2020
CNR No.MHMM120034212020
Hafiz Shakil Ahmed Shaikh,
R/o. Nav Vikas Sankat Pandey Chawl,
Golibar Road No.05, Vakola,
Santacruz (E), Mumbai55 … Applicant
Vs.
Smt. G. S. Joshi,
Food Safety Officer … Respondent
ORDER BELOW APPLICATION OF REMOVAL OF SEAL OF PROPERTY
The application is filed for removal of seal of the premises situated Left and
Right sides room in front of Shakil Kirana General Stores, Nav Vikas Sankat
Pandey Chaw, Golibar Road No. 05, Vakola, Santacruz (E), Mumbai 55 from
which the prohibited food articles were seized. The applicant submitted that, the
said premises had given to his uncle Salim Ahmed Vakil Ahmed Shaikh who found
at the time of visit of the FSO as a business operator. It is further submitted by the
applicant that the prohibited stock of food article already seized by the Food
Safety Officer and put the seal. There is nothing remained to be investigated and
therefore it is necessary to remove the seal therefrom.
2. The respondent has submitted the written say and submitted that, the
premises used for the stock of prohibited food articles and therefore, the same can
not be given in possession of the applicant. Salim Ahmed Vakil Ahmed Shaikh was
found stocking the prohibited articles in the premises. According to her, if the seal
is removed the premises may be again used for stocking the prohibited food
articles. Hence, the application be rejected.
3. Heard the Ld. counsel for the applicant and the Food Safety Officer.
Perused the record. It appears that, in view of the Notification No. 901/2019/7
dated 19.07.2019 of the State Government, the product like Gutkha and
Panmasala are banned for transporting, stocking or selling. Salim Ahmed Vakil
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Ahmed Shaikh in contravention of the said notification found stocking the
prohibited article, therefore the offence registered.
4. I have gone through the said definition of the premises. Premises includes
shop, stall........place or vehicle or vessel where any article of food is sold or
manufactured or stored. In the present case, one Salim Ahmed Vakil Ahmed
Shaikh was found stocking the prohibited food articles.
5. So far as Rule 2.1.3 (4) of the FSS Act is concerned, after compliance of
Section 38 (1) (c) of the FSS Act or the provisions thereunder if on a non
availability of food business operator, the Food Safety Officer may seize the food
which is unsafe and may seal the premises for investigation after taking the sample
of such adulterant or food for analysis.
6. The prohibited food article already seized by the Food Safety Officer. The
sample of the same already taken. The shop can only be sealed for the purpose of
investigation, if there is noncompliance of the provisions of section 38 (1) (c) of
the FSS Act. In the present case there is nothing on record about the non
possibility of compliance of provision U/Sec.38 (1) (c). Moreover, Salim Ahmed
Vakil Ahmed Shaikh as a food business operator was found to the Food Safety
Officer at the time of visit. Thus, the compliance of Section 38 (1) (c) of FSS Act
can be easily made. Thus, there is no reason to put the seal on the premises after
seizure of the prohibited food articles. The apprehension of the Food Safety Officer
that the premises may be used again for the same purpose can not be the
justifiable reason for putting seal on the premises.
7. Perused the record. The applicant has submitted the affidavit, Photocopy of
Electricity Bill lying in his name, Power of Attorney executed by one Surayya
Shakeel Shaikh in the name of the applicant and photocopy of Aadhar Card
bearing No. 461056515373 of the applicant. In view of the above documents the
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applicant appears to be the possessor of the sealed premises. Thus, he is proper
person to file an application for removal of seal. The premises being not required
for the investigation purpose, the application will have to be allowed. Hence, the
order :
O R D E R
1. The Food Safety Officer is directed to remove the seal from the premises
situated at Left and Right sides room in front of Shakil Kirana General
Stores, Nav Vikas Sankat Pandey Chaw, Golibar Road No. 05, Vakola,
Santacruz (E), Mumbai 55 from which the prohibited food articles are
seized.
2. Hafiz Shakil Ahmed Shaikh and Salim Ahmed Vakil Ahmed Shaikh
are directed to execute indemnity bond of Rs.5,00,000/ (Rs. Five Lakhs
Only) on a NonJudicial Stamp Paper of value of Rs. 200/, before the
Food Safety Officer and give undertaking that they shall not use or let
the premises for storing the prohibited food articles anymore.
3. Time is granted to furnish the stamp duty of Indemnity Bond after
forty five days i.e. 12.11.2020 or after the end of lockdown period
on condition that, the applicant shall give undertaking for the same
on plain paper.
3. The Food Safety Officer is directed to prepare detailed panchanama of
the premises while removing the seal and obtained the colour
photographs at the cost of the applicant.
( V.J. Dongre )
Metropolitan Magistrate,
Dated :29.09.2020 46th Court, Mazgaon (Sewree), Mumbai.
RRT.
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