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IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.PANIGRAHI
Indo Nissin Foods Pvt. Ltd., Bangalore – Appellant
Versus
Food Safety And Standards Authority Of India – Respondent
| Table of Content |
|---|
| 1. challenge to ongoing adjudication proceedings (Para 1 , 2) |
| 2. arguments against prolonged adjudication (Para 3 , 4) |
| 3. court's analysis on delay in proceedings (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 4. prolonged delay amounts to abuse of process (Para 14) |
| 5. direction for timely resolution and cost imposition (Para 15 , 16 , 17 , 18) |
JUDGMENT :
S.K. Panigrahi, J.
1. The Petitioner, in the present Writ Petition, challenges the continued adjudication of Adjudication Case No.2 of 2016 before the learned Additional District Magistrate-cum-Adjudicating Authority, Cuttack, on the ground that it is arbitrary, unlawful, and in violation of the order dated 31.03.2016 issued by the Food Safety and Standards Authority of India (FSSAI) / Opposite Party No.1.
I. FACTUAL MATRIX OF THE CASE
2. The brief facts of the case are as follows:
(i) The petitioner is a multinational company engaged in the business of fast-moving consumer goods, with its registered office located at No. 1102, 11th Floor, Raheja Towers, West Wing, 28 M.G. Road, Bangalore 560001.
(ii) On 09.06.2015, at approximately 11:30 A.M., the Food Safety Officer conducted an inspection of the business premises of Accused
Delays exceeding statutory timelines in adjudication proceedings can lead to abuse of process and violate principles of natural justice.
The main legal point established in the judgment is the importance of providing precise reasons in writing for extending the time limit for taking cognizance of offences under the Food Safety and Sta....
The discretion of the Commissioner of Food Safety to approve prosecution beyond one year under Section 77 and the liability of directors under Section 66 of the Food Safety and Standards Act, 2006.
The Food Safety and Standard Act, 2006 allows for prosecution within three years from the date of commission of an offence, overriding general limitation provisions in the Cr.P.C.
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