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2021 Supreme(J&K) 522

SANJAY DHAR
Sheikh Abbas – Appellant
Versus
Abdul Rashid Khuroo – Respondent


Advocates Appeared:
For the Petitioner:Mr. G.A. Lone, Advocate with Mr. Majeeb Andrabi, Advocate.
For the Respondent:Mr. Javid Ahmad Parray, Advocate.

JUDGMENT :

Sanjay Dhar, J.

Petitioners have challenged judgment/order dated 25.10.2017 passed by Judicial Magistrate 1st Class (Sub Judge), Pattan, in a complaint under Section 26(1)(2)(i)(ii) of Food Safety & Standards Act, 2006. The petitioners are aggrieved of the aforesaid judgment/order only to the extent of certain remarks and observations made by the learned Magistrate while passing the aforesaid judgment.

2. The facts which emerge from the record are that a complaint for offences under Section 59 & 52 read with Section 3(1)(zz) and 3(1)(zf)(A)(i) of Food Safety & Standards Act, 2006 (hereinafter referred to as the Act of 2006) came to be filed by Food Safety Officer, Pattan, against the respondents herein. The petitioners herein happen to be the officers of the complainant department and in launching prosecution against the respondents, they, in exercise of their powers under the provisions of the Act of 2006, initiated and undertook action in the matter. It appears that cognizance of the offences was taken by learned trial Magistrate and process was issued against the respondents, who, after appearance before the trial Magistrate, pleaded not guilty to the offences. Accordi

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