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2021 Supreme(Chh) 129

SANJAY K.AGRAWAL
Abhishek Gupta Proprietor Mahendra Mawa Bhandar, S/o late Shri Mahendra Gupta – Appellant
Versus
State of Chhattisgarh through Deepak Kumar Dewangan, Food Safety Officer, Food and Durg Administration – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr.Aman Upadhyay, Advocate
For the Respondent: Mr.Ravi Bhagat, Dy.G.A.

ORDER :

1. The petitioner is an accused standing trial for commission of offence alleged to have been committed under Sections 26(2)(ii) and 31(1) punishable under Sections 51 and 63 of the Food Safety and Standards Act, 2006 (hereinafter called as 'FSS Act, 2006') and against him, charges are said to have been framed for the aforesaid offences by order dated 10.02.2020. The petitioner calls in question legality and validity of the order framing charges and also seeks to challenge entire proceeding on the ground that chargesheet filed against the petitioner for aforesaid offences are without jurisdiction and without authority of law.

2. Return has been filed by respondents No.1 and 2/State supporting the filing of chargesheet and framing of charges stating that challenge so made is unsustainable and bad in law.

3. Rejoinder has also been filed controverting the averments made in the counteraffidavit filed by respondents No.1 and 2.

4. Mr.Aman Upadhyay, learned counsel for the petitioner, would submit that the petitioner has been chargesheeted for the aforesaid offences by prosec

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