Madras High CourtWP/31488/2025disposed of

G.Kannan v. The Food Safety Officer

2025-08-21Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-08-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR WP No. 31488 of 2025 & WMP.No.35251 of 2025

1. G.Kannan S/o.Gopal, Residing At No.9, 2nd Cross Street, Srinviasa Nagar, Alapakkam Main Road, Maduravoyal, Chennai-600 095 And Running A Shop M/s.Satheeshstore, At No.82/7, Alapakkam Main Road, Maduravoyal, Chennai-600 095.

Petitioner(s) Vs

1. The Food Safety Officer Tamilnadu Department Of Food Safety And Drugs, Administration Department, Tiruvallur District.

Respondent(s) PRAYER Writ Petition filed under Article 226 of Constitution of India to call for the entire records pertaining to all the proceedings of the impugned order dated 25.07.2025 vide proceedings code number 246 on the file of respondent and quash the same an direct the respondents hand over the key to the petitioner

For Petitioner(s):

Mr.T.P.Sekar For Respondent:

Mr. K.M.D.Muhilan, Additional Public Prosecutor

ORDER

This Writ Petition has been filed to quash the proceeding of the respondent in Code Number 246 dated 25.07.2025.

2. The case of the respondent is that the petitioner was found selling banned tobacco products in his shop and therefore, a case has been registered against the petitioner for the offences 296[b], 132, 351 [2], 274, 275, 123 BNS and Section 6[b] read with 24[1] of COTPA Act and 77 of JJ Act and the petitioner's shop has been sealed.

3. It is the contention of the learned counsel appearing for the petitioner that he had not sold any banned tobacco products in his shop and he is ready to file an affidavit before the respondent to the effect that he will not sell any banned tobacco products in his shop.

4. In view of the submissions of the learned counsel appearing for the petitioner, the petitioner is directed to file an affidavit before the respondent as undertaken before this Court and on such affidavit being filed, the respondent shall hand over the key of the shop to the petitioner. Such exercise shall be done within a period of one month from the date of receipt of a copy of this Order.

5. With the above direction, this Writ Petition is disposed of. Consequently, connected miscellaneous petition is closed. 21-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes vrc To 1.The Food Safety Officer Tamilnadu Department Of Food Safety And Drugs, Administration Department, Tiruvallur District.

N.SATHISH KUMAR J.

vrc 21-08-2025