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G. A. SANAP
Indranath Roy – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT/ORDER
1. Heard.
2. ADMIT. Taken up for final disposal forthwith by the consent of learned advocates for the parties.
3. In this criminal application, filed under Sec. 482 of the Code of Criminal Procedure, the applicants, who have been arrayed as accused nos. 4 to 7 in a criminal proceeding bearing Summary Criminal Case No. 2347/2015 for the offences punishable under Ss. 3(1) (zz)(iii) and (x) read with Ss. 26(2)(i), 27(1), 27(2)(c) punishable under Ss. 59 and 66 of the Food Safety and Standards Act, 2006 (hereinafter referred to as "the Act of 2006" for short), pending on the file of learned Additional Chief Judicial Magistrate, Nagpur, have prayed for quashing and setting aside the proceeding against them.
4. The relevant facts are as follows : The Food Safety Officer along with panch witnesses, on 31/1/2014, had visited the premises of M/s J. K. Daily Needs, situated at CPWD Quarters, Opposite Nirmala Girls Hostel, Katol Road, Nagpur and purchased 16 company packed, sealed and labeled, each 65 gms weight, Milk Chocolate (Cadbury Dairy Milk Silk) from accused no.1 - Mohd. Rashid. The notice in Form V-A under Rule 2.4.1(3) was issued to accused no.1. The sample was sent to Fo
The court established that the right to appeal under Sec. 46(4) of the Food Safety and Standards Act must be provided to the accused before the expiry of the product's shelf-life, and failure to do s....
Procedural violations in food safety regulations can lead to quashing of prosecution if they cause prejudice to the accused's rights.
The main legal point established in the judgment is that delay in the food analyst's report and denial of appeal right do not warrant quashing the proceedings.
Prosecution under the Food Safety and Standards Act requires a confirming report from the Referral Laboratory; divergence in findings precludes legal action.
Non-compliance with mandatory provisions and procedural irregularities can render a complaint not maintainable and lead to the quashing of the charge sheet.
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