LAWS(BOM)-2019-1-296

MALKESH AND ORS. Vs. THE STATE OF MAHARASHTRA

Decided On January 14, 2019
Malkesh And Ors. Appellant
V/S
THE STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Heard.

(2.) RULE. Rule made returnable forthwith.

(3.) The applicant Nos. 2 to 8 are the trustees of the applicant No.9- Charitable Trust and the applicant No.1 is Manager and according to the applicant Nos. 2 to 9, the applicant No.1 is in-charge of the business of the Charitable Trust. The applicant No.9 Charitable Trust is in the business of selling dairy products. On 8/1/2014, Food Safety Officer had visited the premises of the applicant No.9 and had drawn samples as per the procedure laid down under the Food Safety and Standards Act, 2006 (hereinafter referred to as "the Act of 2006") and the Rules in presence of the panch witnesses. On 9/1/2014, the sample collected from the establishment of applicant No.9 was sent for analysis to the Food Testing Laboratory, Mumbai. The Food Testing Laboratory gave report dtd. 31/1/2014 to the effect that the cow milk sample sent to it was "unsafe" as per Sec. 3(1)(zz)(v) of the Act of 2006. This report was received by the applicants on 11/3/2014. On receipt of the adverse report, the applicant No.1 exercised his right under Sec. 46(4) of the Act of 2006 and preferred appeal against the report of food analysis before the Designated Officer. The applicant No.1 received the Certificate of Analysis by the Referral Food Laboratory on 9/7/2014. As per this Certificate of Analysis, the sample which was collected from the establishment of the applicant No.9-Charitable Trust was found to be "sub-standard" as per Sec. 3(1)(zx) of the Act of 2006. After the Certificate of Analysis was received, the non-applicant filed complaint against the applicants under Sec. 3(1)(zx), 3(1)(zz)(v) read with Sec. 26(1), 26(2)(i), 26(2)(v), 27(2)(c) punishable under Ss. 59 and 66(2) of the Act of 2006.