Court Slaps Heavy Fine on Popular University Kiosk
A Chandigarh court has delivered a strong message to food businesses operating without proper licences by convicting three partners of a popular kiosk outside Panjab University and imposing a substantial fine of Rs 90,000. The case involved Gian Singh and Associates, which operates Kiosk No. 2 at Food Street in Sector 14, a favourite spot among students for quick snacks and refreshments.
The Inspection That Led to Legal Action
According to court documents, the legal trouble began when Food Safety Officer Bharat Kanojia conducted a routine inspection on September 5, 2023. During his visit, he found the kiosk openly selling various food items including shakes, cold drinks, sandwiches, and noodles to the public without possessing the mandatory food licence required under Indian law.
The inspection revealed that Pankaj Kumar was managing the food outlet at that time and actively selling ready-to-eat items to customers. The prosecution established that the business was clearly operating for public sale and human consumption, making it mandatory for them to obtain a proper licence under Sections 26(2)(iii) and 31(1) of the Food Safety and Standards Act, 2006.
Legal Battle and Court's Verdict
During the trial proceedings, the defence counsel raised several objections challenging the case. They argued that the inspection lacked credibility because no independent witnesses from the scene were examined. The defence also pointed out that no food samples or raw materials were seized during the inspection.
Additionally, they contended that Pankaj Kumar had no connection with the ownership or partnership of Gian Singh and Associates, suggesting he was falsely implicated in the case.
However, Chief Judicial Magistrate Sachin Yadav dismissed all these arguments, noting that the testimony of the Food Safety Officer was consistent and reliable. The court observed that there was no evidence of any personal enmity between the FSO and the accused that would justify claims of false implication.
The court specifically noted that the absence of independent witnesses or food sample seizure did not undermine the fundamental fact that the kiosk was operating without the mandatory food licence.
Differential Judgment for Manager and Partners
In an interesting twist, the court acquitted manager Pankaj Kumar of all charges. The judgment noted that while Pankaj was present as a manager during the inspection, the prosecution failed to produce evidence establishing his legal responsibility for licensing compliance at the establishment.
However, the court found partners Giano Devi and Harish Kumar, along with the firm Gian Singh and Associates, guilty of conducting food business without the required licence. The court ruled that the prosecution had clearly established the offence under Section 31(1) read with Section 26(2)(iii), punishable under Section 63 of the Food Safety and Standards Act.
Sentencing and Broader Implications
Taking into consideration the age and antecedents of the convicts, the court awarded what it described as a lenient sentence: imprisonment till the rising of the court and a fine of Rs 30,000 each, amounting to the total penalty of Rs 90,000.
This case serves as an important reminder to all food businesses operating near educational institutions and other public spaces about the critical importance of complying with food safety regulations. The judgment reinforces that operating without proper licences can lead to significant financial penalties and legal consequences.
The ruling is particularly significant given the kiosk's location outside Panjab University, where hundreds of students rely on such food outlets daily. It underscores the administration's commitment to ensuring food safety standards are maintained in establishments catering to the student community.
