LAWS(BOM)-2024-5-88

TATA CHEMICALS LIMITED Vs. STATE OF MAHARASHTRA

Decided On May 09, 2024
TATA CHEMICALS LIMITED Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Heard Mr. A. K. Somani, learned Counsel for the Appellants and Mr. Bhagwan M. Lonare, learned AGP for the Respondent/State.

(2.) The Appellants i.e. TATA Chemicals Limited and others have filed Appeal under Sec. 71(6) of the Food Safety And Standards Act, 2006 (hereinafter referred to as 'the Act of 2006'), being aggrieved by the order dtd. 13/10/2016 passed by the learned Food Safety Appellate Tribunal, Buldhana in Appeal No. 1/2013, the Tribunal has dismissed the Appeal, and thus, upheld the order dtd. 14/5/2013 passed by the Adjudicating Officer and Joint Commissioner, (Food), Food and Drug Administration, Amravati in Adjudication Application No. 47/2012.

(3.) The Adjudicating Officer has found that the Appellants, who were the Non-applicants before it, have contravened the provisions of Sec. 26(2) (ii) and 27(1) of the Act of 2006 by manufacturing and selling substandard Iodized Salt TATA to the Applicant (Respondent herein) and accordingly under Sec. 51 of the Act of 2006 imposed penalty of 2,00,000/- on each ? Appellant. The operative part of the order reads thus :