Back
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
ALOK AWASTHI
Swastik Traders Through Jayesh Bhai Mirani – Appellant
Versus
State Of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. overview of initial case and procedural context. (Para 3) |
| 2. arguments presented by both parties regarding compliance and procedural fairness. (Para 5) |
ORDER :
Alok Awasthi, J.
With the consent of the parties, heard the matter finally.
2. This Civil Revision is preferred under Section 115 read with Section 151 of the Code of Civil Procedure, 1908 being aggrieved by the order dated 18.10.2021 passed by learned Principal District Judge & Appellate Tribunal under Food and Safety Standards Act, 2006 District Neemuch whereby appeal was partly allowed, fine was set aside as well as the matter was remanded back to the Additional District Magistrate/Adjucating Officer, Neemuch for giving opportunity to produce documents.
3. The short facts leading to the present controversy, are that an inspection has been conducted by the Food Inspector at shop named as Vijay Agency, in front of Shiv Mandir, Neemuch where the various samples have been taken including pan parag which was sent to the Food analysts for checking the standard of the product and after found it as not standard, permission has been sought for starting prosecution as well as the said has been filled in which Ld. Addit
Remanding a case for retrial requires extraordinary circumstances, rooted in preventing miscarriage of justice, and cannot merely be a remedy for prosecutorial deficiencies.
Mandatory compliance with procedural rules in food adulteration cases is essential for a valid conviction; failure to adhere to these rules undermines the prosecution's case.
Compliance with mandatory provisions of the Prevention of Food Adulteration Act is essential for a valid prosecution; failure to do so results in acquittal.
The main legal point established in the judgment is the determination of the nature of the appeal process under the FSS Act, specifically whether it constitutes a Civil Appeal or a Criminal Appeal, a....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
