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ARUN KUMAR SINGH DESHWAL
Kewal Dairy – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
ARUN KUMAR SINGH DESHWAL, J.
1. Heard Mohd. Naushad Siddiqui, learned counsel for the applicant, Sri Pankaj Saxena, learned A.G.A for the State and perused the record.
2. The instant application under Section 482 Cr.P.C. has been filed for quashing the order dated 27.06.2024 passed by Metropolitan Magistrate-1st, Kanpur Nagar as well as entire proceeding of Complaint Case No.18674 of 2019, under Section 51 and 59(i) of Food Safety and Standard Act, 2006, Police Station- Nazirabad, District Kanpur Nagar pending in the court of Metropolitan Magistrate-1st, Kanpur Nagar.
3. Facts giving rise to the present case are that the sample of milk was collected on 24.11.2017 by the Food Safety Officer from the premises of applicant thereafter the sample of milk was sent to the Food Analyst, Regional Food Laboratory Medical College Campus, Meerut for analysis. Thereafter a report from a food analyst was received on 10.12.2017 showing milk was of sub-standard. Subsequently, notice was issued to the applicant, who filed the appeal before the designated officer against the report of the food analyst which was allowed and the sample was again sent for fresh analysis. Thereafter fresh report
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.
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 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....
Seizure of sub-standard and unsafe skimmed milk – Offence under FSS Act can be stated to have been committed on the date when report of Food Analyst indicating that sample of food is unsafe or sub-st....
The main legal point established in the judgment is that the prosecution for an offense under the Food Safety and Standards Act, 2006 must be filed within the prescribed time limit, and the absence o....
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