ORDER :

1. By way of this petition under Articles 226 and 227 of the Constitution of India, petitioners have prayed for following reliefs:-

(A) Your Lordships be pleased to quash and set aside the impugned order dated 27.11.2017 passed by the Presiding Officer, Food Safety Appellate Tribunal in Petition No.98/2016 as well as the Order dated 09.08.2016 passed by the Ld. Adjudicating Officer and Resident Additional Collector, Surendranagar in Application No. 17/2015 annexed herewith at Annexure-A (colly.) to this Petition.

(B) Your Lordships be pleased stay implementation and Execution of the order dated 27.11.2017 passed by the Presiding Officer, Food Safety Appellate Tribunal in Petition No. 98/2016 annexed herewith at Annexure-A(colly) to this Petition.

(C) Any other or further reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case.

2. The background of facts which has given rise to this Special Civil Application is that petitioner No.2 is a Trust registered under the provisions of the Trusts Act and petitioner No.1 is the President of the Trust. The Trust is a low-profit making organization which is run by the group of Women’s of Wadhwan city and its core operation is to undertake Government projects for manufacturing purpose of Pre-mix (flour) and Balbhog. Memorandum of Understanding (MoU) came to be executed with District Program Officer, Surendranagar to produce Take to Home Ration (THR) i.e. Pre- Mix (Flour)- Ready to Cook and Balbhog. Under the said MoU, District Program Officer, Surendranagar was supplied wheat for such production and had also mentioned the standards of Nutrition Elements for producing Premix (flour) as well as Balbhog which was thereafter to be supplied to all Anganwadis. It is the case of the petitioners that on 22.8.2014, respondent No.1 visited the premises of the Trust at 17.30 Hrs. and collected certain samples of premix flour from petitioner No.1 for food analysis and thereafter, said sample was forwarded to Food Analyst, Regional Food Laboratory, Baroda. The case of petitioners is that at a relevant point of time, all work had been completed and only left out parts of premix (flour) and Balbhog was left, out of which the sample was taken. On 4.10.2014, Food Analyst, Regional Food Laboratory, Baroda sent its report bearing No.Q3/1800/2014 and clearly opined that in respect of test performed above the Premix Lot (pack) is ‘Misbranded’ as defined under Section 3(1)(zf)(A)(i)(a) as it does not conform to the standards laid down for Food Article under Food Safety and Standards Act, 2006 and Rules made thereunder. Detailed report was submitted, on the basis of which opponent No.1 i.e. FSO filed a complaint before adjudicating officer and Resident Collector, Surendranagar being Application No.17 of 2015 and thereupon notice was served upon the applicants. Certain contentions were raised before the said authority, but then the adjudicating authority was pleased to pass an order by virtue of which penalty was imposed of Rs.1 lac each on petitioner Nos.1 and 2 vide order dated 9.8.2016, as is reflecting from page 24 onwards.

3. Feeling aggrieved by the said decision of imposing costs upon the petitioners in view of the provisions of Section 70 of the Act, petitioners approached the Food Safety Appellate Tribunal, Gandhinagar by way of filing an appeal being Petition No.98 of 2016. After hearing both the sides, learned Appellate Authority was pleased to dispose of the said petition by reducing the penalty from Rs.1 lac to Rs.50,000/- each and thereby reduced the amount of penalty from Rs.2 lac to Rs.1 lac and directed the petitioners to deposit the same within 60 days from the date of receipt of the order. In view of this order being passed, petitioners were served with a notice on 14.12.2017 directing the petitioners to deposit the same failing which recovery proceedings wou