Food Safety Officer Can't Seize Plant & Machinery Under FSS Act; Such Power Vests With Court: Punjab & Haryana High Court

The Punjab & Haryana High Court has held that a Food Safety Officer has no authority under the Food Safety and Standards Act, 2006 to seize plant and machinery, and such action can only be taken by a competent court or in accordance with statutory procedure.Justice Jagmohan Bansal said, "machinery has been seized by Food Safety Officer who has no power to seize plant and machinery. The respondent is claiming that machines have been seized on the direction of Deputy Commissioner, Kaithal. Concededly, there is non-compliance of procedure prescribed in 2006 Act. Power to seize food articles does not include power to seize plant and machinery. There are specific provisions which empower Court and authorities to stop business activities or seize plant and machinery. Food Safety Officer is not empowered to seize plant and machinery, thus, impugned seizure is bad in the eye of law."The order while allowing a writ petition filed by M/s Singla Traders, challenging the seizure of its food processing machinery by authorities in Kaithal.BackgroundThe petitioner approached the High Court under Article 226 of the Constitution seeking multiple reliefs but confined its prayer to release of plant and machinery seized on November 14, 2025.The machinery was seized pursuant to directions issued during a District Grievance Redressal Committee meeting chaired by a State Minister, following complaints of manufacturing adulterated milk.The petitioner argued that under Section 33 of the Food Safety and Standards Act, 2006, only a court has the power to prohibit use of equipment or premises after conviction.The Food Safety Officer is empowered only to draw samples, Seize food articles, Conduct searches, and launch prosecution.There is no statutory power to seize plant and machinery, making the impugned action illegal.State submitted that the petitioner was a habitual offender engaged in manufacturing substandard food.Its license had already been cancelled and prosecution was pending. The seizure was carried out under directions of the Deputy Commissioner in the interest of public safety.The Court, after examining the statutory scheme of the 2006 Act, held that Sections 38, 41, and 42 empower the Food Safety Officer to seize food articles, conduct searches, and initiate prosecution—but not to seize machinery.Section 33 clearly vests the power to prohibit use of equipment or premises only with the Court after conviction.In emergency situations, Section 34 allows the Designated Officer to impose prohibitions, but only after following due procedure.The Court emphasized that such provisions are penal and draconian in nature and must be strictly construed, as seizure of machinery directly impacts the fundamental right to trade under Article 19(1)(g).No Authority Even Under RulesThe Court pointed state's reliance on Rule 2.1.3(4) of the Food Safety and Standards Rules, 2011 was rejected. The Court clarified that the Rule may permit sealing of premises for investigation, butIt does not authorize seizure of plant and machinery, especially without following prescribed procedure.The Food Safety Officer himself had acknowledged in official correspondence that he lacked authority to seal premises or seize machinery.The bench pointed that impugned action was taken solely on the basis of directions issued in a grievance committee meeting, without statutory backing.Setting aside the impugned notice/order dated November 14, 2025, the Court held, “Power to seize food articles does not include power to seize plant and machinery… the impugned seizure is bad in the eye of law.”The Court clarified that it has not examined the quality or safety of food products manufactured by the petitioner.The order will not affect ongoing proceedings, including cancellation of license, and criminal prosecution against the petitioner.Mr. Parminder Sandhu, Advocate Mr. Nitin Gupta, Advocate for the petitionerMr. Deepak Vashisht, D.A.G, HaryanaClick here to read order

Food Safety Officer Can't Seize Plant & Machinery Under FSS Act; Such Power Vests With Court: Punjab & Haryana High Court

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