Case Law Details
F.Q. Traders Vs Food Safety and Standards Authority of India (Bombay High Court)
Arecanuts Not Meant for Consumption Fall Outside FSSAI Scope: Bombay High Court Directs Release of Seized Goods
The petitioner is a trader. It is based in Karnataka. It sold arecanuts (non-edible) to purchaser based in Delhi. The goods were intercepted in Maharashtra by the Food Inspector under the Food and Drug Safety Act (FSSAI). It was alleged that the goods were of sub-standard quality. Petitioner contended that it was not fit for human consumption but meant for dyeing/printing purposes; hence; not “food”. However; the goods were seized. Hence; writ petition came to be filed.
The Hon’ble Bombay High Court at Nagpur disposed of the petition with a direction to consider the grounds raised by the petitioner for release of the goods. It directed that if the goods are non-edible; they must be released forthwith. In case of any adverse order; the same can be challenged by the petitioner.
FULL TEXT OF THE JUDGMENT/ORDER OF BOMBAY HIGH COURT
Heard.
2. In brief, it is contention of the petitioner that the respondent authorities have detained his vehicle without their being any authority. It is further contended that therefore, the petitioner has submitted detailed representation dated 18.8.2025 to respondent No.6 requesting release of his vehicle along with goods therein, which is still pending and not decided.
3. In peculiar facts of the case, we direct respondent No. 6 – Assistant Commissioner, (Food), Food and Drug Administration, Yavatmal to decide representation of the petitioner dated 18.8.2025, within two weeks from today. Needless to mention petitioner will have liberty to challenge the order, if any, passed against him.
Needless to mention further that if favourable order is passed, consignment and vehicle be released by the authority, forthwith.
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