Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 5126 of 2018 Petitioner :- Satish Chandra Gupta Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sandeep Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Sri Sandeep Kumar Srivastava appears for the petitioner and Sri Bipin Bihari Pandey, learned Additional Chief Standing Counsel appears for the State-respondents.
Petitioner is before this Court assailing the order dated 16.4.2018 passed by Additional District Magistrate, Pilibhit/Judicial Officer as well as the order dated 16.5.2018 passed by Food Safety Appellate Tribunal/District Judge Moradabad in Civil Misc. Appeal No. 52 of 2018 (Satish Chandra Gupta Vs. State of U.P.) pending before District Judge, Moradabad. Further request has been made to set aside the recovery certificate issued by Tehsildar, respondent no. 4 on 6.7.2018 for Rs. 60,000/-.
Learned counsel for the petitioner states that the petitioner is a petty salesman. He purchased certain Khoya from the Bislapur Khoya Mandi on the occasion of Holi festival and sold the same on street side and earns daily income. On 7.3.2017, Food Safety Officer, Pilibhit took sample of Khoya contained in sealed pack of 50 kg. from possession of the petitioner and sent it for food analysis under the provision of Food Safety and Standards Act 2006. The Food Analyst submitted the report dated 15.4.2017 mentioning that the sample is found sub standard. Thereafter, the proceeding has been initiated against the petitioner under Section 26 of Food Safety and Standards Act 2006 which was registered as Complaint Case No. D201712560440 (State Vs. Satish Chandra Gupta). The matter was adjudicated and the petitioner was found to be guilty under Section 26(ii) read with 3(1)(ZX) of the Act 2006 and penalty of Rs. 60,000/- has been imposed vide order dated 16.4.2018 passed by A.D.M/Adjudicating Officer, Pilibhit. Aggrieved with the same, the petitioner preferred Misc. Civil Appeal No. 52 of 2018 under Section 70 of the Act 2006 before the Food Safety Appellate Tribunal/District Judge, Moradabad and by the order impugned dated 16.5.2018, the court has admitted the appeal in question and stayed the realization of the fine till the disposal of appeal provided the petitioner deposits half of the imposed fine. Meanwhile, the respondent no. 4 issued a recovery certificate on 6.7.2018. Hence, this writ petition.
In this backdrop, learned counsel for the petitioner states that no doubt the appeal has been admitted by the appellate tribunal but in most arbitrary manner, the petitioner has been asked to deposit Rs. 30,000/- and as such, the request has been made that the appeal may be decided on the merits of the case and such penalty amount may be reduced.
On the other hand, Sri Bipin Bihari Pandey, learned Additional Chief Standing Counsel states that once the sample was collected and examined, the Khoya was found sub standard, rightly, the proceeding has been initiated under the Act 2006 and as such, there is no illegality or infirmity in the order impugned. Whatever the grievance of the petitioner cannot be looked into at this stage and it would be left open to the appellate court to decide the same on merits of the case.
Heard rival submissions and perused the record. Once the Court has examined the record and finds that the appeal in question has already been admitted by the court concerned and the date is already fixed in the matter, then at this stage, the Court is not inclined to interfere in the matter. In case, the petitioner deposits Rs. 10,000/- in compliance of the order dated 16.5.2018, the appellate authority will proceed in the matter and will decide the same on merits, in accordance with law, as expeditiously as possible.
With aforesaid observations, the writ petition stands disposed of.
Order Date :- 30.7.2018 A.K.Srivastava