Key Development

A Chandigarh court has convicted three partners of a kiosk outside Panjab University for running their food business without the mandatory food licence, underscoring the need for strict compliance with food safety laws. The Chandigarh Health Department had filed the case against Gian Singh and Associates, which operates Kiosk No. 2 at Food Street, Sector 14. The complaint named partners Giano Devi and Harish Kumar, along with Pankaj Kumar, who was present as manager during the inspection.

FSO Flags Food Safety Violation

Food Safety Officer (FSO) Bharat Kanojia inspected the kiosk on September 5, 2023, and found Pankaj Kumar selling shakes, cold drinks, sandwiches, noodles, and other ready-to-eat foods without a valid food licence. As the kiosk was serving the public, it required a licence under Sections 26(2)(iii) and 31(1) of the Food Safety and Standards Act, 2006. Following the violation, the FSO issued a challan to the firm and its partners under Section 63.

Court Dismisses Defence Arguments

During the trial, the defence argued that the inspection was unreliable because no independent witnesses were examined and no food samples were seized. They also claimed Pankaj Kumar had no role in ownership.

Chief Judicial Magistrate Sachin Yadav rejected these arguments. The court found the FSO’s testimony consistent and credible and noted that the defence presented no evidence of bias or false implication. The court held that the absence of witnesses or seized samples did not alter the basic violation: the kiosk was operating without a mandatory food licence.

Partners Convicted; Manager Acquitted

The court ruled that Pankaj Kumar worked only as a manager and was not responsible for obtaining licences. Since the prosecution could not link him to ownership or decision-making, the court acquitted him. However, the court convicted partners Giano Devi and Harish Kumar and the firm Gian Singh and Associates for running a food business without a licence. The court held that the prosecution clearly proved the offence under Section 31(1) read with Section 26(2)(iii), punishable under Section 63 of the Food Safety Act.

₹90,000 Fine for Violating Food Safety Law

Taking into account the age and background of the convicts, the court imposed a lenient sentence: imprisonment till the rising of the court and a fine of ₹30,000 each, totalling ₹90,000. The ruling reinforces that operating any food business without proper licensing is a direct breach of food safety regulations and carries legal consequences.

Source: The Indian Express