1. This writ petition is filed under Article 226 of the Constitution of India whereby and where under the order dated 21.05.2018 passed by the Deputy Commissioner, Deoghar in F.S.S. Case No.19 of 2017-18, by which the authority in exercise of power conferred under Section 52 of the Food Safety and Standards Act, 2006, has imposed penalty of amount of Rs.75,000/- to be recovered from the petitioner on the ground of the proved allegation of selling substandard food articles (Khowa).

2. Mr. Vineet Prakash, learned counsel for the petitioner has raised the following issues (I) the provision as stipulated under Section 49 of the Food Safety and Standard Act, 2006, has not been followed. (II) the provision of Food Safety and Standard Rules 2011 as 3.1.1 (5), 3.1.1 (6), 3.1.1 (7), 3.1.1 (8), 3.1.1 (9), and 3.1.1 (12) have not been followed, therefore the impugned order is nothing but without any application of mind and not in consonance with the statutory provision as contained under the Act, 2006.

It is further the case of the petitioner that the Deputy Commissioner has passed an order merely on the recommendation of the Additional Chief Medical Officer Deoghar-cum- Designated Of