SUDHIR KAPOOR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Having heard learned counsel for the petitioners and taking note of the endorsement made by the Registry, it is pertinent to mention that Section 76 of the Food Safety and Standards Act, 2006 (hereinafter referred to as the Act) is meant for preferring appeal before the High Court against the decision or order of a Special Court. Those Special Courts are constituted u/s 74 of the Act for the purposes of trial of offences relating to grievous injury or death of the consumer for which punishment of imprisonment for more than three years has been prescribed under the Act. The said Section further provides that these special courts shall be constituted by the Central or the State Government, as the case may be, with the concurrence of the Chief Justice of the High Court.

(2.) Learned counsel has argued that the present petition has been filed assailing the adjudication done by the Additional District Magistrate of District U.S. Nagar u/s 68 of the Act and against such adjudication, the appeal shall be preferred before the Food Safety Appellate Tribunal established u/s 70 of the Act. A further enactment has been made that against the judgment of Tribunal, an appeal can be preferred before the High Court, as envisaged u/s 71(6) of the Act.

(3.) Learned counsel has argued that since no such Tribunal has been established in the State of Uttarakhand within the meaning of Section 70 of the Act, thus, the petitioners have no option but to approach this Court by way of instant petition u/s 226/227 of the Constitution of India, against the order of Adjudicating Officer, who is of the rank of Additional District Magistrate.