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* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 01.11.2022 Pronounced on: 13.12.2022 + CRL.M.C. 5210/2022 D.S. CHEWING PRODUCT LLP & ORS. ...Petitioners Through: Mr. Vivek Kohli, Sr. Advocate with Mr. Sanjai Kumar Pathak, Mr. Arvind Kumar Tripathi and Ms. Shashi Pathak, Advocates.

versus FOOD SAFETY OFFICER ..... Respondent Through: Mr. Satish Kumar, Advocate.

+ CRL.M.C. 5624/2022 M/S DHARAMPAL SATYAPAL LTD & ANR ...Petitioners Through: Mr. Vivek Kohli, Sr. Advocate with Mr. Sanjai Kumar Pathak, Mr. Arvind Kumar Tripathi and Ms. Shashi Pathak, Advocates.

versus FOOD SAFETY OFFICER ..... Respondent Through: Mr. Satish Kumar, Advocate.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

JUDGMENT

SWARANA KANTA SHARMA, J.

Signature Not Verified CRL.M.C. 5210/2022 & connected matter Page 1 of 21 Digitally Signed

1. The present petitions under Section 482 of the Code of Criminal Procedure, 1973, have been filed assailing the summoning order dated 03.02.2022 passed by learned Additional Chief Metropolitan Magistrate-01, Patiala House Courts, New Delhi (hereinafter as “Trial Court”) in Complaint Case No.581/2022 filed under Sections 3/26/27/52/58/59 of Food Safety and Standard Act, 2006 (hereinafter as “FSSA, 2006”) and the order dated 04.08.2022 passed in Crl. Revision No.155/2022 passed by learned Additional Sessions Judge- 04, Patiala House Courts, New Delhi (hereinafter as “Appellate Court”) and for quashing of entire complaint proceeding.

2. The petitioner no. 1 in Crl.M.C.5210/2022 is the manufacturer of “Royal Zafrani Zarda”, a flavoured chewing tobacco product and petitioner no. 2 to 4 are the designated partners of petitioner no.1. Whereas petitioner no. 1 in Crl.M.C.5624/2022 is the seller of “Royal Zafrani Zarda” and petitioner no. 2 is the nominee/operator of petitioner no. 1. Since both the petitions arise out of same set of facts and contentions and the issue before this Court in both the petitions is also common, the same are being decided through this common judgment.

FACTUAL MATRIX

3. The brief facts pertinent to adjudication of the present matter are as under:

3.1 The Food Safety Officer suspended herein had taken by purchasing, a sample of article "Royal Zafrani Zarda" for analysis under the provisions of The Food Safety and Standards Act, 2006, Signature Not Verified CRL.M.C. 5210/2022 & connected matter Page 2 of 21 Digitally Signed Rules and Regulations made thereunder, from one Food Business Operator Sh. Suraj Kumar Garg of M/s Shree Sai Enterprises on 04.02.2021. The sample was taken in presence of witness Sh. Suraj Bhan, Field Assistant. Notice in Form VA was prepared at the spot and copy thereof was given to Food Business Operator. Panchnama was also prepared at the spot and all the sample related documents prepared were read over and explained to Food Business Operator. 3.2 One part of the said sample of "Royal Zafrani Zarda" bearing Sample number 849/1053/21/2021 and the Designated Officer Code Number 08/DO-24/16948 along with one copy of Form VI & another copy of Form VI in a separate sealed envelope having specimen seal impression was sent to the Food Analyst, Govt. of NCT of Delhi for analysis on 05.02.2021. The remaining two counterparts of the sample along with two copies of Form VI in a sealed packet as well as the fourth counterpart of the sample along with one Form VI in a separate sealed packet were deposited with the then Designated Officer, District South, on 05.02.2021. All copies of Form VI bears specimen seal impression of seal used for sealing sample, counterpart.

3.3 A copy of the Food Analyst Report numbered FSS/157/2021, dated 19.02.2021, was also provided to the concerned parties. The petitioners, through their respective replies, had informed the Food Safety Officer that tobacco and tobacco items are not food and not governed by the provision of FSSA, 2006, and are rather covered under the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Signature Not Verifi