SANJIV KAPILA Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) AGGRIEVED by the issuance of notice dated 28.11.2013, the petitioners have approached this Court. The petitioners have challenged the appointment of Food Analyst on the ground that the appointment was not published in the official gazette prior to the date of occurrence and therefore, the Food Analyst could not have analysed the food samples. A challenge to the appointment of Food Safety Officer has been made on the ground that the State Government is not competent to make such appointment and the appointment of Food Safety Officer was also not notified in the official gazette prior to the date of alleged occurrence.

(2.) THE brief facts of the case as disclosed in the application for adjudication dated 04.04.2013, a copy of which has been annexed as Annexure - 4 to the writ petition are that, on 18.03.2013 the Food Safety Officer along with one Naresh Kumar Prasad visited the shop of the accused persons and they informed the accused No. 2 (petitioner No. 2) that they intended to take sample of "paneer" for the purpose of analysis and consequently, a notice in form V -A was issued to the accused Nos. 1 and 2 (petitioners). The Complainant, Food Safety Officer purchased (200x4) gms of "paneer" for the purpose of analysis on payment of Rs. 192/ - and it was sealed in sample packets which were sent for food analysis. After the report of the Food Analyst was received wherein, it was found that the "paneer" procured by the Complainant was of sub -standard grade, prosecution for an offence punishable under Section 51 of the Food Safety and Standards Act, 2006 was lodged and accordingly, notice dated 28.11.2013 was issued to the petitioners.

(3.) HEARD the learned counsel appearing for the parties.