RAMAKANT GUPTA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Feeling aggrieved against the order dated 28.11.2014 passed by the Additional District Magistrate-cum-Adjudicating Officer under the Food Safety and Standards Act, 2006 (hereinafter called as "the FSS Act of 2006"), Rajnandgaon in Case No.01/F.S.S.A./2013, the petitioner herein has challenged the impugned order by which the said Authority in exercise of powers conferred under Section 51 of the FSS Act of 2006 has imposed a penalty of 75,000/- to him for violation of Section 26 (2) (I) of the FSS Act of 2006.

(2.) Facts necessary to judge the legality, validity and correctness of the impugned order are as under:-

(3.) The present writ petition has been filed stating inter-alia that order passed by the Adjudicating Officer under FSS Act of 2006 is not accordance with law as reasonable and fair opportunity of hearing which is mandatory under sub-section (2) of Section 68 of the FSS Act of 2006 was not afforded to the petitioner. No enquiry was made before recording a finding that the petitioner has committed contravention of the provisions of the Act of 2006 and Rules and Regulation made thereunder and therefore, order of the Adjudicating Officer deserves to be set aside.