HITESH KUMAR DEWATA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The instant appeal under Sec. 71(6) of the Food and Safety Standards Act, 2006 has been filed against the order dtd. 23/9/2021 passed by the learned Session Judge, Raigarh Appellate Tribunal (Food Safety Appellate Tribunal) in Criminal Appeal no. 07/2020 arising out of order dtd. 15/11/2019 passed by the Additional District Magistrate/Adjudicating Officer, Raigarh in Case No. 02/B-121/2016-17.

(2.) The case in nutshell is that the present appellant no. 1 is the manager of a firm in the name of M/s Bajrang Bevarages situated at Village- Pandripani District- Raigarh (C.G.) whereby the appellant no. 3 is the proprietor of the firm. The firm was manufacturer and storers of water bottles in the name of Acqa Ash Blue Packaged drinking water. On the date of incident that is on 11/3/2016, the Food and Safety Officer, on the suspicion of adulteration in the material, raided the firm premises of the appellants. The officer bought 4 liters of water bottles from the appellants firm, after which as per the rules prescribed under the Food and Safety Standards Act, 2006, four slots were sealed infront of witnesses present inside the premises of the storage, signature were taken from the witnesses as well, one sample was kept under security and the other sample was sent for testing to laboratory, Raipur (C.G.). When the sample which were sent for testing, the result was mentioned by the authorities that, the sample of bottles were not up to the mark as per the norms described under Rule 2.3.3 of the Food and Safety Standards (Packaging and Labelling), 2011 which states that the label which is to be affixed into the outer layer of the water bottles must be written with 04 mm upon the label of the package, thereby the appellants was prosecuted under the Act, after which the appellants submitted their reply before the Learned Tribunal, Raigarh.

(3.) After examining all the material evidence placed on record, witnesses and their affidavits, the Learned Tribunal fined the appellant no. 2 for the sum of Rs.3,00,000.00 (Three Lack Rupees), stating that the samples of the appellants were treated as 'misbranded' as per Sec. 52 of the Act. Hence this appeal.