SHEIKH ABBAS Vs. ABDUL RASHID KHUROO

JUDGEMENT

(1.) Petitioners have challenged judgment/order dtd. 25/10/2017 passed by Judicial Magistrate 1st Class (Sub Judge), Pattan, in a complaint under Sec. 26(1)(2)(i)(ii) of Food Safety and Standards Act, 2006. The petitioners are aggrieved of the aforesaid judgment/order only to the extent of certain remarks and observations made by the learned Magistrate while passing the aforesaid judgment.

(2.) The facts which emerge from the record are that a complaint for offences under Sec. 59 and 52 read with Sec. 3(1)(zz) and 3(1)(zf)(A)(i) of Food Safety and Standards Act, 2006 (hereinafter referred to as the Act of 2006) came to be filed by Food Safety Officer, Pattan, against the respondents herein. The petitioners herein happen to be the officers of the complainant department and in launching prosecution against the respondents, they, in exercise of their powers under the provisions of the Act of 2006, initiated and undertook action in the matter. It appears that cognizance of the offences was taken by learned trial Magistrate and process was issued against the respondents, who, after appearance before the trial Magistrate, pleaded not guilty to the offences. Accordingly, the complainant department was directed to lead evidence in support of the allegations made in the complaint. After recording statements of a couple of witnesses of the complainant, the learned trial Magistrate closed the evidence of the complainant whereafter even the defence evidence also came to be closed. Ultimately, vide the impugned order, the learned trial Magistrate held that the complaint has been filed beyond the prescribed period of limitation and, as such, the same is not maintainable. Accordingly, the complaint of the complainant was dismissed and the accused/respondents were acquitted. While passing the aforesaid judgment/order of dismissal of the complaint, certain disparaging remarks came to be passed by the Ld. Magistrate against the petitioners.

(3.) It would be apt to notice the relevant portions of the impugned judgment/order, of which the petitioner are aggrieved. The same are reproduced as under: