Final Order 1

Order Details: Copy of Order - 1
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IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS),
46TH COURT, MAZGAON, MUMBAI.
C.C. NO.569-MISC-2026
Crime No.561/2025
P.S. Sewree -Vs- Kamlendra Singh Chouhan
U/sec. 123, 223, 275 of the BNS and
Section 59 of the Food Safety & Standards
Act, 2006.
1. The present application is filed by Sewree Police Station for permission to
destroy the prohibited food articles, which were seized from the accused. It is
contended that, the samples of the seized prohibited articles had been sent to
the laboratory and the report of the same is filed on record. Seized muddemal
are reported to be prohibited as per Notification issued by the Commissioner of
Food. Now, the said muddemal is lying in Store Room of the police station and
foul smell is emanating from it, therefore, it is prayed to grant permission to
destroy seized prohibited articles.
2. This Court has called the say of the accused. The learned counsel for the
accused has filed his say on the application itself and submitted that, the
accused has no concern with the seized contraband articles and submitted his
No Objection to destroy the said article. Perused the record. The Police has
submitted the Analysis Report of the sample drawn on record. The Food Analyst
opined that, the sample drawn is contravening the provisions of the Food Safety
& Standards Act, 2006 (hereinafter referred to as ‘
the FSS Act’ for the sake of
brevity). In the present matter, the seized food article is prohibited for sale
within the State of Maharashtra in view of the Notification issued by the
Commissioner of Food and Drug Administration under section 30(2)(a) of the
FSS Act. Moreover, it cannot be retained for long time, as same are perishable
in nature. The food article being prohibited, the same needs to be destroyed for
protecting its resale. Hence, it is justiciable to grant the permission to destroy
seized food articles.
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ORDER
1. The application is allowed.
2. The permission is granted to destroy the seized prohibited food articles.
3. The PSO of Sewree Police Station is directed to destroy seized food articles
seized in C.R. No.561/2025 in the presence of Food Safety Officer as per
the procedure laid down in the FSS Act, 2006 and submit the compliance
report before this Court, within 07 days from the date of destroy.
4. The PSO of Sewree Police Station is further directed to record video of the
entire procedure of destroying the food articles and prepare its panchnama
and submit the same along with charge-sheet, if any.
(P. P. Deshmukh)
Judicial Magistrate F. C.,
Date: 16.04.2026 46th Court, Mazgaon, Mumbai.
RRRT.
13:49
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