V.M.DESHPANDE
Hemant – Appellant
Versus
State of Maharashtra, through Food Safety Officer, Food and Drug Administration – Respondent
1. Heard Mr. S.A. Bramhe, Advocate for applicant and Mr. R.S. Nayak, A.P.P. for non applicant-State. The present proceeding is under Section 482 of the Code of Criminal Procedure for quashing of the Regular Criminal Case No. 129/2013 pending on the file of Judicial Magistrate First Class, Amgaon for an offence under Section 3 (1) (zz) (ix), 26 (1), 26 (2) (i), 27 (2) (c) punishable under Section 59 of the Food Safety and Standards Act, 2006. Along with compilation, the complaint which gives rise to present proceeding is annexed and it is at page nos. 35 to 45.
2. The present applicant is shown as accused no. 2 in the said complaint. The cause title of the complaint depicts that he is Secretary of Gurukrupa Adiwasi Prathmik and Madhyamik Ashramshala, Thana, Tq. Amgaon, Dist. Gondia. As per the complaint, the complainant Shri P.A. Umap, is Food Safety Officer duly appointed under Section 37 read with Rule 2.1.2 of the Food Safety and Standards Act, 2006 and Rules there under (hereinafter referred to as the “Act” and “Rules” for the sake of brevity). The said Shri Umap is appointed as Food Safety Officer vide notification No. FSSA/MS/FDA/Food Safety Officers dated 01.08.2011.
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