RUMI KUMARI PHUKAN, J. - (1.) Heard Mr. S. Chamaria, learned counsel, for the petitioners. Also heard Mr. D. P. Borah, learned standing counsel, Health Department, Assam.
(2.) As the basic challenge in all the petitions are the same so all these cases are taken up together for disposal by this common order. However, for proper reflection of the matter, brief facts of each case, is discussed separately.
(3.) In Crl. Pet. No. 696/2015, the petitioner has prayed for quashing of the C.R. Case No. 3332c/14 pending in the Court of CJM, Kamrup(M). According to the petitioner, the designated officer of Food Safety, Kamrup(M), collected some samples of Silver Drop drinking water from the commercial establishment of the petitioner for testing through their Food Laboratory on 28.4.2014 and the petitioner was informed by letter dated 04.06.2014 that the product was found to be unsafe for human consumption as per the analysis report of Food Analyst. The petitioner submitted his representation in terms of Section 47(c)(iii) of the Food Safety and Safety Standard Act, 2006(in short, 'FSS Act'), within time, but instead of sending another sample for further analysis to the accredited laboratory, the respondent authority submitted the offence report wherein it has been alleged that the petitioner did not avail the benefit of the aforesaid provision of the said Act whereas the petitioner's representation was duly received by them as on 07.01.2014. That apart, the sample was analyzed by the Food Analyst, State Public Health Laboratory, Bamunimaidam, which is not a notified one as per the notification issued by the State Government.;