Court No. - 48
Case :- APPLICATION U/S 482 No. - 5910 of 2019
Applicant :- Suhail
Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Anuj Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant and learned AGA for the State.
The present application u/s 482 Cr.P.C. has been filed by the applicant with the prayer to quash the impugned order dated 01.08.2018 passed by District Judge, Moradabad in Criminal Appeal No. 78 of 2017 (Suhail Vs. State of U.P.) as well as order dated 29.06.2017 passed by Adjudicating Officer / Additional District Magistrate (Finance and Revenue), Amroha in Adjudicating Application No. D2016133802614, under Section 26/58 Food Safety and Standard Act, 2006, Police Station Didauli, District Amoroha.
Vide order dated 29.06.2017, Adjudicating Authority / A.D.M. (Finance and Revenue), Amroha found guilty to the applicant and imposed fine of Rs. 1 lakhs and appeal was preferred before the appellate tribunal, which was admitted on 01.08.2017 directing the applicant to deposit half of the fine amount imposed vide order dated 29.06.2017 passed by the Adjudicating Authority.
It is submitted by learned counsel for the applicant that applicant is not in a position to deposit the half of the fine amount. Condition imposed by the lower appellate court is ownerous. Thus, prayer was made to reduce the amount passed by the lower appellate court on 01.08.2017. Learned counsel for the applicant has placed reliance on the law laid down in Jagdish Prasad Sharma Vs. Commissioner of Food Safety, 2014 LawSuit (All) 3565.
On the other hand, learned AGA opposed the prayer.
In this matter, as is evident from the record, order passed by the Adjudicating Authority on 29.06.2017, was challenged before the appellate tribunal. Appeal has been admitted on 01.08.2017. Applicant has been directed to deposit the half of the fine amount. If the ratio laid down in Jagdish Prasad Sharma case (supra) along with provision of Food Safety and Standard Act, in regard to the appeal against the order passed by Adjudicating Authority are taken into consideration, direction given by the lower appellate tribunal to deposit half of fine amount cannot be said to be illegal. A Division Bench of this Court in Jagdish Prasad Sharma case (supra) has also granted interim relief directing the petitioner to deposit part of the fine amount. Thus, the application being devoid of merits is not liable to be allowed.
Accordingly, the present application is dismissed.
Order Date :- 26.2.2019 Sanjeet