M/S Rajlaxmi Food India Pvt. Ltd Thru. Proprietor Rajan Gupta and Another v. State of U.P. Thru. Secy. Home Civil Sectt. Govt. Lko

Court No. - 12 Case :- APPLICATION U/S 482 No. - 12393 of 2023 Applicant :- M/S Rajlaxmi Food India Pvt. Ltd Thru. Proprietor Rajan Gupta And Another Opposite Party :- State Of U.P. Thru. Secy. Home Civil Sectt. Govt. Lko Counsel for Applicant :- Narendra Gupta,Pankaj Gupta Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.

¶1In pursuance of earlier order, Shri Rajesh Kumar Verma, Food Safety Officer, Lucknow Division, Shri Ajay Kumar Verma, Food Safety Officer, Sitapur Division and Shri Nand Lal, Food Safety Officer, Kanpur Division are present before this Court.

¶2Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

¶3Present application has been moved by the applicants for quashing the summoning order dated 07.02.2020 passed by A.C.J.M.-I, Sitapur in Criminal Case No.216E/2020 (State Vs. Rajan Gupta and Anr.) under Sections 3(1)(a)(zz)(v)(vii) and

(xi), 26(2)(i)(v) of Food Safety and Standards Act, 2006.

¶4Learned counsel for the applicants submitted that one recovery memo was prepared and different samples were sent and on the basis of reports, three different complaints were filed which is not permissible. He further submitted that the report of the public analyst laboratory is not elaborative, in these circumstances, it cannot be said that the colour which was found in the article was injurious to health, therefore, kind indulgence of this Court is necessary.

¶5Learned A.G.A. opposed the prayer of applicants and submitted that applicants are manufacturer of gram flour (besan) and adulteration was found in the article and and the same was unsafe for human consumer in accordance with the provisions of Section 3(1)(a)(zz)(v)(vii) and (xi) of Food Safety and Standards Act, 2006, as the different samples were taken of the different articles and as a result, three different complaints were filed before the competent Courts and there is no illegality in the order passed by the trial court, therefore, application is liable to be dismissed.

¶6Considering the submissions of learned counsel for the parties, going through the contents of application, as well as other relevant documents, as it is evident from the record that the report of public analyst report reveals that the article which was found in the gram flour was unsafe for the human consumption and all these defence of applicants can be considered by the trial court, therefore, the application is liable to the dismissed.

¶7Accordingly, the application is hereby dismissed. Order Date :- 21.12.2023 V. Sinha High Court of Judicature at Allahabad, Lucknow Bench