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JAMMU AND KASHMIR HIGH COURT
Hon’ble Mr. Sanjeev Kumar, J
M/s. Insha Dairy Products – Appellant
Versus
Commissioner, Food Safety Department, Jammu and Kashmir – Respondent
| Table of Content |
|---|
| 1. challenging a trade prohibition due to brand name issues. (Para 1 , 2 , 3) |
| 2. contesting grounds for the prohibition notice based on trademark rights. (Para 4 , 5 , 6) |
| 3. discussion on the powers allowed under the food safety act. (Para 7 , 8 , 9 , 11 , 12) |
| 4. the necessity of hearing as part of natural justice. (Para 16 , 17) |
| 5. the final ruling favoring the petitioner. (Para 20) |
1. Petitioner has challenged notice bearing No. ACF / Estt / Pul / 21 - 22/71 dated 12.06.2021 issued by respondent No.3, whereby petitioner has been directed to stop the manufacturing of toned milk under the brand name of "SAAF SHEER" with immediate effect. A further direction commanding the respondents to permit the petitioner to run his milk processing unit M/s. Insha Dairy Products without any hindrance, has also been sought.
2. The case set up by the petitioner is that he is running a milk processing unit under the name and style of M/S Insha Dairy Products, Lassipora Pulwama. It is averred that petitioner is manufacturing toned milk under the brand name of "SAAF SHEER" whereas the respondent No.4 is manufacturing toned milk under the brand name of "SAFA SHEER". Petitioner alleges that
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