Introduction:

In a recent case before the Madras High Court, Justice GR Swaminathan directed the de-sealing of shops that were locked due to the sale of banned tobacco products. The court emphasized that while selling banned items is not permitted, the shopkeepers have the right to conduct lawful business. The hearing stemmed from pleas filed by two shopkeepers seeking the removal of seals imposed by the Food Safety and Drug Administration authorities.

Arguments:

The Additional Advocate General, Mr. Veera Kathiravan, contended that the Food Safety and Standards Act and Rules empower officials to seal premises where contraband is found, emphasizing the severe impact of banned products on public health. Conversely, Counsel for the Petitioners, Mr. B. Jameel Arasu, argued for the removal of seals, highlighting that the Act does not confer powers to seal premises merely for possessing contraband. The court delved into Section 38 of the Act and Rule 2.1.3.4 of the Food Safety and Standard Rules, asserting that sealing should align with the Act’s provisions.

Court’s Judgment:

Justice GR Swaminathan underscored the shopkeepers’ constitutional right to livelihood, acknowledging the absence of the right to trade in banned items. The court noted that the seals affected the shopkeepers’ livelihood disproportionately. Critically analyzing the Act and Rules, the court found the sealing unjustified as there was no evidence of non-compliance or unavailability of the shopkeepers. Ruling in favor of the petitioners, the court ordered the de-sealing of the shops, subject to the shopkeepers’ affidavits undertaking not to trade in banned items. The court cautioned of consequences for breaching the undertaking.