Division Bench declined to entertain a criminal appeal filed against a penalty order imposed by the Additional District Magistrate under the Food Safety and Standards Act, 2006, holding it was not maintainable.
The criminal appeal was dismissed as not maintainable. Liberty to move to appropriate forum granted.
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[2024:RJ-JP:51177-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Criminal Appeal No. 368/2024
Rakesh Kumar Sharma S/o Shri Hanuman Sahai, Aged About 35 Years, F.B.O. M/s Bhawana Store, Adarsh Colony, Near Bus Stand, Khundal District Dausa.
----Appellant
Versus
State Of Rajasthan, Through Dr. Madan Lal Gurjar, Food Safty Officer, Office Food Safety And Drug Control Dausa.
----Respondent
For Appellant(s) : Mr. Sanjay Gangwar, Adv. For Respondent(s) : Mr. Gaurav Gupta, Asstt. GA
HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MRS. JUSTICE SHUBHA MEHTA
Order
12/12/2024
Office has raised an objection that a Division Bench Appeal is not maintainable against an order passed by the learned Additional District Magistrate whereby penalty of Rs.1,00,000/has been imposed on the appellant.
We have perused the Food Safety and Standards Act, 2006.
The present criminal appeal is not maintainable against the
order passed by the learned Additional District Magistrate.
Consequently, the present criminal appeal is dismissed as not maintainable.
Learned counsel for the appellant seeks liberty to move to appropriate forum.
Liberty, as prayed for, is granted.
[2024:RJ-JP:51177-DB]
[CRLAD-368/2024]
(2 of 2)
Certified copy of the impugned order be provided to the learned counsel for the appellant after retaining the photocopy of the same thereof.
Pending application, if any, also stands disposed of.
(SHUBHA MEHTA),J
(PANKAJ BHANDARI),J
MR/85
1 issue framed by the court
Whether a Division Bench criminal appeal is maintainable against an order by the Additional District Magistrate under the Food Safety and Standards Act, 2006 imposing a penalty.
1 provisions across 1 enactments
Rakesh Kumar Sharma
State Of Rajasthan
Pankaj Bhandari
Shubha Mehta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
