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Suresh Kumar Gupta – Appellant
Versus
Adjudication Authority – Respondent
JUDGMENT :
1. Heard Sri Madhup Narain Shukla , learned counsel for appellant and perused the record.
2. The present appeal has been filed challenging the judgment and order dated 22.06.2019 passed in Case No. 53 of 2017 (State Vs. Suresh Kumar Gupta) under Section 68(2) of Food Safety and Standards Act, 2006.
3. This appeal is under Food Safety and Standards Act, 2006. The appeal requires to be allowed. The provisions of Section 76 of the Food Safety and Standards Act, 2006 reads as under:
(1) Any person aggrieved by a decision or order of a Special Court may, on payment of such fee as may be prescribed by the Central Government and after depositing the amount, if any, imposed by way of penalty, compensation or damage under this Act, within forty-five days from the date on which the order was served, prefer an appeal to the High Court: Provided that the High Court may entertain any appeal after the expiry of the said period of forty-five days, if it is satisfied that the appellant was prevented by sufficient cause for filing the appeal within the said period.
(2) An appeal preferred under this section shall be disposed of by the High Court by a bench of not less than two jud
The court established that the right to appeal under Sec. 46(4) of the Food Safety and Standards Act must be provided to the accused before the expiry of the product's shelf-life, and failure to do s....
Non-compliance with mandatory provisions and procedural irregularities can render a complaint not maintainable and lead to the quashing of the charge sheet.
The court established that an offence under the Food Safety and Standards Act is committed upon receipt of the food analyst's report, and any prosecution must adhere to mandatory timelines; failure t....
: Technical grounds are not sufficient to quash criminal proceedings under Section 482 Cr.P.C.
Delay in prosecution recommendation under Food Safety Act does not invalidate proceedings; statutory 'shall' interpreted as 'may' due to context and absence of consequences for such delay.
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