ITC LIMITED Vs. STATE OF HARYANA

JUDGEMENT

(1.) The prayer made in this petition is for quashing the notice dated 23.10.2013 issued by respondent no.2 to the petitioner for allegedly impleading him in the adjudication proceedings initiated under section 68 of the Food Safety and Standards Act, 2006 (hereinafter referred to as the "Act").

(2.) In brief, on 29.01.2013, at about 30 pm, the Food Safety Officer, Rohtak, inspected the premises of a retailer Amit Rewri and collected samples of iodized salt (Aashirvaad). The samples were sent to the Food Analyst who, in his report dated 14.02013, observed that black colour foreign matter in appreciable quantity has been found and held that the sample is not as per the standard laid down for edible common salt under Regulation 9.30 of the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011 (hereinafter referred to as the "Regulations"). Thereafter, the Designated Officer, Rohtak, having the jurisdiction of the area, authorized the Food Safety Officer under Rule 3.1(2) of the Food Safety and Standard Rules, 2011 (hereinafter referred to as the "Rules") to file an application for adjudication of the offence under the Act. On 009.2013, the Adjudicating Officer, Food SafetyStandards Act, Rohtak, issued notice to the retailer Amit Rewri to appear and join the adjudication proceedings and a similar notice was issued to the manufacturer (petitioner herein) on 23.10.2013. The said notice dated 23.10.2013 is under challenge at the instance of the petitioner who has been summoned to join the adjudication proceedings initiated in terms of Sec. 68 of the Act.

(3.) After notice, respondents no.2 to 4 have filed their reply and alleged that the retailer Amit Rewri had produced the bill regarding purchase of iodized salt (Aashirvaad) from the petitioner and on the basis of said documentary evidence, the Adjudicating Officer has summoned the petitioner while exercising his powers under Sec. 68 of the Act. It is further averred that the State Government has now established two Food Safety Appellate Tribunals vide notification No.S.O.65/C.A.34/2006/S.70/2013 dated 26.07.2013 at Ambala and Gurugram to hear appeals from the decision of Adjudicating Officer(s) under Sec. 68 of the Act. The said notification reads as under:-"Haryana Government Health Department