HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH Court No. - 13 Case :- U/S 482/378/407 No. - 3284 of 2012 Applicant :- M/S Foods Fats And Fertilizers Ltd., Andhra Pradesh And Ors. Opposite Party :- The State Of U.P And Ors. Counsel for Applicant :- Yashovardhan Swarup,Sushil Arora Counsel for Opposite Party :- Govt. Advocate Hon'ble Dinesh Kumar Singh,J.
The present petition under Section 482 Cr.P.C. has been filed against the show cause notice dated 30.5.2012 issued by the Additional District Magistrate (East) under the provisions of the Food Safety and Standards Act, 2006.
Allegations in the show cause notice are that the manufacturer has declared on the label of the sealed packet of the sample as “Ab butter ko bhul jaye” which is misleading statement about the actual nature of the sample. Hence the sample is misbranded.
Sri Yashovardhan Swarup, learned counsel for the petitioners submits that the declaration/claim on label does not amount to misbranding inasmuch as it has not been said that it is substitute of the butter or it is a butter derivative item. He, therefore, submits that the show cause notice is completely misconceived and it is non-est in the eyes of law and is liable to be quashed.
On the other hand, Sri V.K. Sahi, learned counsel for the respondents submits that only show cause notice has been issued and all grounds which the petitioners have taken before this Court, should be taken in reply to the show cause notice and the learned Additional District Magistrate (East) will consider the reply to the show cause notice and, if he finds that there is no misbranding as alleged, he will drop the proceedings.
Proceedings have been initiated by issuing a show cause notice. Whether there is misbranding as alleged or not, should be first decided by the designated authority after considering the reply to the show cause notice.
In view thereof, the petitioners are given liberty to file reply to the show cause notice within 30 days from today along with a certified copy of this order and the the Additional District Magistrate (East) is directed to consider the show cause notice in accordance with law after giving opportunity of hearing to the petitioners and, then decide whether to proceed further or not in the matter. If it is found that there is no misbranding, the proceedings are to be dropped by the Additional District Magistrate (East).
With the aforesaid direction and observation, the petition stands disposed of finally.
Order Date :- 20.11.2019