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2018 Supreme(P&H) 4623

RAKESH KUMAR JAIN
Itc Limited – Appellant
Versus
State Of Haryana – Respondent


Advocates Appeared:
R.S. Cheema, Senior Advocate, with Mr. L.K.Bhushan, Ms. Raashi Beri, Mr. Arshdeep S. Cheema and Mr. Raghav Talwar, Advocates, for the Appellant; Saurabh Mohunta, DAG, Haryana, for the Appearing Party

JUDGMENT

Rakesh Kumar Jain, J. - The prayer made in this petition is for quashing the notice dated 23.10.2013 issued by respondent no.2 to the petitioner for allegedly impleading him in the adjudication proceedings initiated under section 68 of the Food Safety and Standards Act, 2006 (hereinafter referred to as the "Act").

2. In brief, on 29.01.2013, at about 2.30 pm, the Food Safety Officer, Rohtak, inspected the premises of a retailer Amit Rewri and collected samples of iodized salt (Aashirvaad). The samples were sent to the Food Analyst who, in his report dated 14.02.2013, observed that black colour foreign matter in appreciable quantity has been found and held that the sample is not as per the standard laid down for edible common salt under Regulation 2.9.30 of the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011 (hereinafter referred to as the "Regulations"). Thereafter, the Designated Officer, Rohtak, having the jurisdiction of the area, authorized the Food Safety Officer under Rule 3.1(2) of the Food Safety and Standard Rules, 2011 (hereinafter referred to as the "Rules") to file an application for adjudication of the offence under the

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