Disposed

Shri Ankit Duhan S/O Shri Dalveer Singh v. State of Rajasthan

Rajasthan HC9 Jan 2024CW/248/2024

Case brief

AI extract

What is this about?

In a writ petition, the High Court directed the Designated Officer under the FSS Act, 2006 to decide a pending application for release of seized substandard ghee within one month after providing a hearing to all parties.

What did the court decide?

Direction to the Designated Officer to decide the pending application for release of seized stock within one month after affording opportunity of hearing to all parties.

Shri Ankit Duhan S/O Shri Dalveer Singh Vs State of… — Consumer Protection | Rajasthan HC (2024)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 248/2024

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Shri Ankit Duhan S/o Shri Dalveer Singh, (Seller, Proprietor) M/s Jai Shri Ram Food Products, 7Th K.m. Stone, Mirzapur Road, Hisar-125001.

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Shri Mitesh Kumar S/o Shri Ramtilak, (Manufacturer Owner) M/s Jai Shri Ram Food Products, 7Th K.m. Stone, Mirzapur Road, Hisar-125001

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----Petitioners

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Versus

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State Of Rajasthan, Through P.p Jaipur.

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Commissioner Of Food Safety And Drug Control, Jaipur Rajasthan.

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Designated Officer, Chief Medical And Health Officer, Hq Ratangarh District Churu Rajasthan.

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Food Safety Officers Office Of Chief Medical And Health Services, Hq Ratangarh District Churu Rajasthan.

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----Respondents

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For Petitioner(s) : Mr. Mayank Gupta For Respondent(s) :

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

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Order

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09/01/2024

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Counsel submits that food articles (ghee) lying in the premises were seized by the Food Safety Officer along with the premises of the petitioner. Counsel submits that the samples of the ghee were sent to the State Food Laboratory, Jaipur for analysis and after analysis, the same were found to be “substandard”. Counsel submits that as per the provisions contained under Section 47(4) of the Food Safety and Standard Act, 2006 (for short, “the Act of 2006”), the petitioner submitted an

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[CW-248/2024]

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(2 of 2)

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application before the Designated Officer, i.e., Chief Medical and Health Officer for releasing the seized stock, i.e., ghee and the premises of the petitioner. Counsel submits that the said application was submitted before the Designated Officer on 23.11.2023 and a copy of the same was sent to the Commissioner of Food Safety and Drug Control, Rajasthan, but in spite of passing of sufficient time, till date the said application has not been decided on its merits.

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Counsel submits that the petitioner would be satisfied if a direction is issued by this Court to the Designated Officer to decide the pending application expeditiously as early as possible within a time frame.

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Prayer made by the counsel for the petitioner appears to be genuine.

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The instant writ petition stands disposed of with direction to the Designated Officer to decide the application (pending, if any) expeditiously as early as possible, in accordance with law, after affording opportunity of hearing to all the respective parties, preferably within a period of one month from the date of receipt of the certified copy of this order.

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(ANOOP KUMAR DHAND),J

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Aayush Sharma/55

Shri Ankit Duhan S/O Shri Dalveer Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Shri Ankit Duhan S/O Shri Dalveer Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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