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2016 (10) TMI 659 - HC - VAT and Sales TaxPower of Designated Officer, Tamil Nadu Food Protection and Drugs, Administration Department, Karur District to lock and seal a premise - search of premises and taking of samples without consent without any prior notice and due opportunity to petitioner - petitioner, a valid holder of licence to trade edible, non edible oil, fatty acids, waste gum, soap oils, rice brand oil, glycerin and rice brand oil gum - Section 38(1) to (6) of the Food Safety and Standards Act, 2006 - Held that: - Rule 2.1.3(4) speaks of Powers and Duties of the Food Safety Rules, in and by which, where the Food Safety Officer is of the opinion or he has reason to be recorded in writing, in the given situation, it is not possible to comply with the provision of section 38(1)(c) or the proviso to section 38(1) for reasons like non availability of the Food Business Operator, the Food Safety Officers may seize the adulterant or food, which is unsafe or sub-standard or mis-branded or containing extraneous matter, may seal the premises for investigation after taking a sample of such adulterant or food for analysis. The Designated Officer, Tamil Nadu Food Safety and Drugs, Administration Department had issued a notice to the petitioner on 31.03.2016 to produced the purchase and sales bills of raw materials purchased and the same was received by the petitioner on 02.04.2016 and till date, the petitioner/company had not produced the relevant documents to establish or to prove their Bonafide Transaction/action, the Court is of the considered view that the present writ petition filed by the writ petitioner is a premature and otiose one - petition disposed off - Designated Officer, Tamil Nadu Food Safety and Drugs, Administration Department, Karur, allowed to carry on necessary proceedings - decided against petitioner.
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