LAWS(CHH)-2021-1-55

ABHISHEK GUPTA Vs. STATE OF CHHATTISGARH

Decided On January 04, 2021
ABHISHEK GUPTA Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) The petitioner is an accused standing trial for commission of offence alleged to have been committed under Sections 26(2)(ii) and 31(1) punishable under Sections 51 and 63 of the Food Safety and Standards Act, 2006 (hereinafter called as 'FSS Act, 2006') and against him, charges are said to have been framed for the aforesaid offences by order dated 10.02.2020. The petitioner calls in question legality and validity of the order framing charges and also seeks to challenge entire proceeding on the ground that charge-sheet filed against the petitioner for aforesaid offences are without jurisdiction and without authority of law.

(2.) Return has been filed by respondents No.1 and 2/State supporting the filing of charge-sheet and framing of charges stating that challenge so made is unsustainable and bad in law.

(3.) Rejoinder has also been filed controverting the averments made in the counter-affidavit filed by respondents No.1 and 2.