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 Case Digest

Constitution of India
Article 226 - petition under - to issue a Writ of Mandamus
Article 226 - petition under - to issue a Writ of Mandamus
Forbearing the respondents from exceeding their jurisdiction i.e., conducting investigation raid, seizure without jurisdiction - Petitioner is one of the dealers of the pharmaceutical product called "NU LIFE" - petitioner contended that the respondents 2 and 3 along with their official came to his residence, broken the locks of the doors and forcibly entered into his house and they seized may boxes containing product "NU LIFE" worth Rs. 20,000/- and other household articles - evidence disclosed that the product "NU LIFE" Goodkha Chewetts and "NU LIFE" Eucomint Chewetts were branded as food articles under the provisions of Prevention of Food Adulteration Act with specific symbol and the local authority granted approval for prohibition of sale and storage of the above said products but pursuant to the prohibitory order, the health Inspector and other officials have seized the products from various shops - evidence on record proved that only after getting a search warrant from the Judicial Magistrate, the respondents have entered into the business premises of the writ petitioner and seized the articles which were prohibited - though the petitioner preferred a criminal complaint against the respondent but he chose not to prosecute the same - petition dismissed as devoid of merits.
M.M.T. Hussain vs. The Commissioner, Coimbatore Municipal Corporation & others, Madras High Court, 2010 (1) Drugs Cases (DC) 295


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