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SANJAY DHAR
Ali Mohammad Bhat – Appellant
Versus
UT of J&K – Respondent
JUDGMENT
The petitioners have challenged the complaint filed by the respondent against them alleging commission of offence under Section 26(1)(2)(i)(ii) punishable under Section 59 read with Section 3(1)(zz), Section 51 read with Section 3(1)(zx) of Food Safety and Standard Act, 2006 (for short “the FSS Act”) pending before the Court of Chief Judicial Magistrate, Srinagar (for short “the trial court”). Challenge has also been thrown to order dated 30.11.2023 passed by trial court, whereby cognizance of offences has been taken and process has been issued against the petitioners.
2. It is alleged in the impugned complaint that on 19.09.2022, the respondent, along with a team of Food Safety Officers, inspected the premises of petitioner No.1 (M/s The Daily Bazar) located at Saida Kadal, Srinagar. The complainant is stated to have collected the sample of Nestle Milkmaid, Sweetened condensed, partly skimmed milk and after completing the requisite formalities, the sample was sent for analysis to Food Analyst, National Food Laboratory, Ghaziabad. As per report of the Food Analyst dated 21.10.2022, the sample was found to be not conforming to the standard laid down under Regulation No.2.1.
Seizure of sub-standard and unsafe skimmed milk – Offence under FSS Act can be stated to have been committed on the date when report of Food Analyst indicating that sample of food is unsafe or sub-st....
The court established that an offence under the Food Safety and Standards Act is committed upon receipt of the food analyst's report, and any prosecution must adhere to mandatory timelines; failure t....
The Food Safety and Standard Act, 2006 allows for prosecution within three years from the date of commission of an offence, overriding general limitation provisions in the Cr.P.C.
The discretion of the Commissioner of Food Safety to approve prosecution beyond one year under Section 77 and the liability of directors under Section 66 of the Food Safety and Standards Act, 2006.
The main legal point established in the judgment is that the prosecution for an offense under the Food Safety and Standards Act, 2006 must be filed within the prescribed time limit, and the absence o....
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