CWP No.4941 of 2014 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

CWP No.4941 of 2014 (O&M)

Date of decision:October 04, 2018

ITC Limited

...Petitioner

Versus

State of Haryana and others

...Respondents

Coram:

Hon’ble Mr. Justice Rakesh Kumar Jain

Present:

Mr. R.S.Cheema, Senior Advocate, with

Mr. L.K.Bhushan, Ms. Raashi Beri,

Mr. Arshdeep S. Cheema and Mr. Raghav Talwar, Advocates,

for the petitioner.

Mr. Saurabh Mohunta, DAG, Haryana.

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Rakesh Kumar Jain, J.

The prayer made in this petition is for quashing the notice dated

23.10.2013 issued by respondent no.2 to the petitioner for allegedly impleading

him in the adjudication proceedings initiated under Section 68 of the Food

Safety and Standards Act, 2006 (hereinafter referred to as the “Act”).

In brief, on 29.01.2013, at about 2.30 pm, the Food Safety

Officer, Rohtak, inspected the premises of a retailer Amit Rewri and collected

samples of iodized salt (Aashirvaad). The samples were sent to the Food

Analyst who, in his report dated 14.02.2013, observed that black colour

foreign matter in appreciable quantity has been found and held that the sample

is not as per the standard laid down for edible common salt under Regulation

2.9.30 of the Food Safety and Standards (Food Products Standards and Food

Additives) Regulations, 2011 (hereinafter referred to as the “Regulations”).

Thereafter, the Designated Officer, Rohtak, having the jurisdiction of the area,

VINOD KUMAR

2018.10.05 14:38

I attest to the accuracy and

integrity of this document

phhc

CWP No.4941 of 2014 (O&M)

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authorized the Food Safety Officer under Rule 3.1(2) of the Food Safety and

Standard Rules, 2011 (hereinafter referred to as the “Rules”) to file an

application for adjudication of the offence under the Act. On 02.09.2013, the

Adjudicating Officer, Food Safety & Standards Act, Rohtak, issued notice to

the retailer Amit Rewri to appear and join the adjudication proceedings and a

similar notice was issued to the manufacturer (petitioner herein) on

23.10.2013. The said notice dated 23.10.2013 is under challenge at the

instance of the petitioner who has been summoned to join the adjudication

proceedings initiated in terms of Section 68 of the Act.

After notice, respondents no.2 to 4 have filed their reply and

alleged that the retailer Amit Rewri had produced the bill regarding purchase

of iodized salt (Aashirvaad) from the petitioner and on the basis of said

documentary evidence, the Adjudicating Officer has summoned the petitioner

while exercising his powers under Section 68 of the Act. It is further averred

that the State Government has now established two Food Safety Appellate

Tribunals vide notification No.S.O.65/C.A.34/2006/S.70/2013 dated

26.07.2013 at Ambala and Gurugram to hear appeals from the decision of

Adjudicating Officer(s) under Section 68 of the Act. The said notification

reads as under:-

“HARYANA GOVERNMENT

HEALTH DEPARTMENT

Notification

The 26^th July, 2013

No.S.O.65/C.A.34/2006/S.70/2013.-- In exercise of the powers

conferred by sub-section (1) of section 70 of the Food Safety and

Standards Act, 2006 (Central Act 34 of 2006), the Governor of

Haryana hereby establishes two Food Safety Appellate Tribunals

each at Ambala and Gurgaon to her appeals from the decisions of

VINOD KUMAR

2018.10.05 14:38

I attest to the accuracy and

integrity of this document

phhc

CWP No.4941 of 2014 (O&M)

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Adjudicating Officer under Section 68 of the said Act.

Further, in exercise of the powers conferred by sub-section

(3) of the said section, the Governor of Haryana hereby appoints

District and Sessions Judge, Ambala for revenue districts of

Ambala, Panchkula, Yamuna Nagar, Kurukshetra, Kaithal, Karnal,

Panipat, Jind, Hisar, Fatehabad and Sirsa and District and Sessions

Judge, Gurgaon for the revenue districts of Gurgaon, Rewari,

Ma