STATE OF GUJARAT Vs. DIPARAM HOMARAM JAKHAD

JUDGEMENT

(1.) This Revision Application is filed challenging order passed by Judicial Magistrate First Class, Patdi, dtd. 19/3/2018 below Exh.19 whereby application given by the respondent-accused for discharge from the case came to be allowed.

(2.) Petitioner herein is a Food Safety Officer under the Food Safety and Standards Act 2006 (for short, 'the Act'), who visited the restaurant owned by the respondent - accused at the address mentioned in the complaint on 21/11/2013 and after following the procedure prescribed under 'the Act' and the relevant rules purchased mix pulses ready to eat food item, which appeared to contain prohibited colours in it. Therefore, after the said purchase, following procedures prescribed, he drawn sample therefrom and sent one of the sample for analysis to Food Analyst, Rajkot. On analysis by the Food Analyst of a sample sent to it, it being a proprietary food as per Regulation 2.12 under the Food Safety and Standards (Food Products Standards and Food Additives) Regulations 2011 and since it does not conform to the standards and it contained adulteration of orange and pink colour, Oil Soluble coal tar colour, it came to be declared unsafe and therefore, complaint of breach of Sec. 26(1), 26(2)(i) and (v) which is made punishable under Sec. 59(1) of 'the Act', the said complaint came to be filed against the present respondent-accused. However, after filing the complaint, it was registered as Criminal Case No.780 of 2014 in the Court of Judicial Magistrate First Class, Patdi.

(3.) However, vide an application Exh.19, dtd. 21/2/2018, the respondent-accused gave application praying for discharge from the offence as according to him, despite several notices issued to the complainant on several occasions, he did not remain present nor he apply for an adjournment and when case is posted for recording pre charge evidence, it is not being proceeded for negligence on the part of complainant and therefore, he requested to discharge the accused.