Neutral Citation No. - 2025:AHC:78713-DB Court No. - 39 Case :- WRIT - C No. - 13346 of 2025 Petitioner :- Ashutosh Gupta Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashish Jaiswal,Dinesh Kumar Mishra Counsel for Respondent :- C.S.C. Hon'ble Arindam Sinha,J. Hon'ble Avnish Saxena,J. 1. Mr. Ashish Jaiswal, learned advocate appears on behalf of petitioner and submits, his client's father, since deceased had let out the godown to respondent no.4. Said respondent stored food articles. There was raid conducted by respondent no.3 (the Food Safety Officer) on 20th July, 2020. Said respondent sealed the godown. Subsequent thereto, there was adjudication and order dated 13th December, 2023 made by the Additional Chief Judicial Magistrate finding respondent no.4 guilty and imposing penalty of Rs.40,000/- In the meantime, there was order dated 24th March, 2021 passed for the goods as could be shifted from the godown. His client's father was unaware of the order and died soon after. 2. Mr. Jaiswal submits further, under section 41 in Food Safety and Standards Act, 2006, respondent no.3 has power to seize food articles only. He seeks interference, for release of the godown. 3. Mr. Raj Mohan Upadhaya, learned advocate, Additional Chief Standing Counsel appears on behalf of State and relies on section 38 but he is unable to demonstrate power to seal the premises provided thereunder. Then he seeks adjournment to obtain instructions. 4. We are satisfied that there has been adjudication on discovery of adulterant food article and by said order dated 13th December, 2023, respondent no.4 was found guilty. Penalty of Rs.40,000/- was imposed on it. 5. The godown was sealed on 20th July, 2020. Aforesaid order dated 24th March, 2021 was made when the adjudication was pending. It ended with the said order dated 13th December, 2023. On query we have no answer from State regarding steps taken to enforce the final order against respondent no.4. In the circumstances, we are not inclined to direct issuance of notice to said respondent. 6. Respondent no.3 is directed to forthwith remove seal from the godown as put earlier per seal notice dated 20th July, 2020. On removing the seals, said respondent will be at liberty to seize the food articles that are there and remove them for having custody. Thereupon, petitioner will have access to the godown. 7. Petitioner will communicate certified copy of this order to respondent no.3 along with copy of said seal notice dated 20th July, 2020. Upon the communication made, respondent no.3 will notice respondent no.4 and carry out direction made herein, to remove the seal, within two weeks thereon. 8. The writ petition is disposed of. Order Date :- 14.5.2025 Shivangi (Arindam Sinha, J.) (Avnish Saxena, J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad