Case Law Details
The Adjudicating Officer under Food Safety and Standards Act, 2006 (FSS Act of 2006) is required to make an enquiry before imposing penalty over the person charged for violation of Section 26(2) of the FSS Act of 2006.
1. Feeling aggrieved against the order dated 28.11.2014 passed by the Additional District Magistrate-cum-Adjudicating Officer under the Food Safety and Standards Act, 2006 (hereinafter called as “the FSS Act of 2006”), Rajnandgaon in Case No. 01/F.S.S.A./2013, the petitioner herein has challenged the impugned order by which the said Authority in exercise of powers conferred under Section 51 of the FSS Act of 2006 has imposed a penalty of 75,000/- to him for violation of Section 26 (2) (I) of the FSS Act of 2006.
2. Facts necessary to judge the legality, validity and correctness of the impugned order are as under:-
2.1 That, on complaint made by the Station House Officer, Police Station-Kotwali, District Rajnandgaon against the petitioner herein for selling adulterated cow milk on 22.5.2012 at 12 at noon, the Food Safety Officer served notice and took sample of cow milk from the petitioner and prepared Form VA after making payment of cost of the milk and four samples were prepared containing each of 500 grams and out of four samples, one sample was sent for its analysis to the Food Analyst under Section 45 of the FSS Act of 2006. After analysis it was reported by the Food Analyst that sample is unsafe under the Act as per standard laid down under the Act of 2006 and Rules 2011 & Regulation made there under.
2.2 Against the report of the Food Analyst holding the sample to be unsafe; the petitioner herein preferred an appeal challenging the report of the Food Analyst dated 5.6.2012 before the Food Safety Officer and accordingly, second sample was sent to the Referral Food Laboratory, Pune on 12.7.2012 by the office of the Designated Officer, in which it was reported that sample does not conform to the standard of cow milk and thereafter it was reported to the Commissioner, Food Safety vide letter dated 24.8.2012. Designated Officer under FSS Act of 2006 while exercising the powers conferred under Section 36 (3) (e) of the Act of 2006 accorded sanction for prosecution against the petitioner as the case pertains to contravention of provisions of the Act punishable with fine only. Thereafter, the Adjudicating Officer while exercising the powers conferred under Section 68 of the FSS Act of 2006 has passed the impugned order levying penalty of 75,000/- to the petitioner for violation of the provisions contained in Section 26 (2) (i) of the FSS Act of 2006.
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