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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Arvind Kumar Verma
Hitesh Kumar Dewata S/o Late J. R. Dewata – Appellant
Versus
State Of Chhattisgarh Through Food Safety Officer Food And Cosmetic – Respondent
| Table of Content |
|---|
| 1. overview of appeal and background facts. (Para 1 , 2 , 3) |
| 2. arguments regarding hearing and labeling standards. (Para 4 , 5) |
| 3. court analysis of evidence and misbranding determination. (Para 6 , 7 , 8) |
| 4. dismissal of appeal. (Para 9) |
JUDGMENT :
Arvind Kumar Verma, J.
1. The instant appeal under Section 71 (6) of the Food and Safety Standards Act, 2006 has been filed against the order dated 23.09.2021 passed by the learned Session Judge, Raigarh Appellate Tribunal (Food Safety Appellate Tribunal) in Criminal Appeal no. 07/2020 arising out of order dated 15.11.2019 passed by the Additional District Magistrate/Adjudicating Officer, Raigarh in Case No. 02/B-121/2016-17.
2. The case in nutshell is that the present appellant no. 1 is the manager of a firm in the name of M/s Bajrang Bevarages situated at Village- Pandripani District- Raigarh (C.G.) whereby the appellant no. 3 is the proprietor of the firm. The firm was manufacturer and storers of water bottles in the name of Acqa Ash Blue Packaged drinking water. On the date of incident that is on 11.03.2016, the Food and Safety Officer, on the suspicion of adulteration in the material, raided the firm premises of the appe
Misbranding under food safety law confirmed; the firm failed to meet labeling standards, and the procedural fairness in the hearing was upheld.
The absence of importer information on a carbonated drink label does not amount to misbranding under the Prevention of Food Adulteration Act, 1954, especially where a valid trade agreement between In....
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....
Prosecution under the Food Safety and Standards Act requires a confirming report from the Referral Laboratory; divergence in findings precludes legal action.
Prosecution under the Food Safety and Standards Act does not require a prior complaint for FIR; misbranding entails legal liability under both the IPC and Food Safety Act.
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