The 15,000 pouches of Roshan Scented Khaini were seized by the Narcotic Cell, Imphal East from a godown at Mantripukhri belonging to one Krishna Sah of Buxar, Bihar, presently residing at Tellipati near Gm Godown.
TFM Desk
The Court of Adjudication Officer (Food Safety) has directed one Krishna Sah, S/o Ramnath Sah of Turahatoli, Choungai, Buxar, Bihar, presently residing at Tellipati near Gm Godown, to deposit Rs 40,000 as fine after the Narcotic Cell, Imphal East seized 15,000 pouches of Roshan Scented Khaini worth Rs 1,80,000 from his godown at Mantripukhri.
An order by Adjudicating Officer (Food Safety) / Additional District Magistrate, Imphal East Shamim Ahmad Shah, said that Narcotic Cell, Imphal East, after receiving a reliable information of concealing some health hazard product conducted a search operation on October 18, 2020 at one godown located at Mantripukhri Sunil Godown and seized 15,000 pouches or Roshan Scented Khaini and the owner was found out to be Krishna Sah.
The Narcotic Cell handed over the seized article to the designated officer, Food Safety Imphal East for taking up necessary legal action.
As per the report of the Food Analyst the sample of Roshan Scented Khaini contains tobacco and hence is unfit for human consumption when used as an ingredient in any food in the State of Manipur. Hence the respondent FBO has violated
Section 26(2)(i) of the Food Safety and Standards Act, 2006 which states that “No food business operator shall himself or any person on his behalf manufacture, store, sell or distribute any article of food which is unsafe”, the order said.
It also mentioned the standing order No 18/14/2018-M(C)Pt dated August 27, 2020 of government of Manipur which prohibit the manufacture, storage, distribution or sell of gutkha and pan masala (containing tobacco or nicotine) and chewing tobacco product like chaap tobacco, pure tobacco, khaini, scented /flavour tobacco etc by whatsoever name is called in the entire state of Manipur.
Petitioner S Puspalata Devi opined that the respondent is liable to be punished under Section 58 of FSSA, 2006 which is a penalty for anything which contravenes any provisions of FSSA 2006 or the rules or regulations made thereunder for the contravention of which no penalty has been separately provided. From the reports of the Narcotic Cell it is clear that the seized item is large 15000 pouches with MRP of Rs 12 per pouches which amount to a total value of Rs 1,80,000. And from the report of the food analyst it is clear that the items are unfit for human consumption, the order added.
The respondent prayed for pardon and promised that he will not repeat the act.
After hearing and perusing all the documents, it is clear that the respondent has violated Section 26(2×1) and 26(2)(iv) of FSSA 2006 and under Section 58 of the FSSA, 2006 the respondent is directed to deposit a sum of Rs 40,000 only as fine to the Office of DO, Food Safety Administration, Imphal East District for onward deposit to government treasury, it added.