- (1.) The present application has been filed by the applicant with the prayer to quash the proceedings of complaint case no. 1001 of 2015 under Sections 26/59 Food Safety and Standards Act, 2006 pending in the court of Additional Chief Judicial Magistrate First, District - Kanpur Dehat and the order of cognizance dated 6.7.2005. Further prayer has been made to stay the further proceedings of the aforesaid Case.
(2.) It appears that M/s Rakesh Masala Pvt. Ltd. at district Kanpur Dehat is engaged in the business of grinded masala and food grains. On 6.8.2014, the opposite party no.2 took sample of Gram Pulse from the establishment of the applicant and sent it for analysis to the Food Analyst at Lucknow. After due analysis, the report was submitted on 30.8.2014. The applicant filed objection to the said report and requested the authority to get analyzed the sample from Central Food Laboratory. On the request of the applicant, sample was sent to CFL, Kolkata on 25.2.2015. Report from CFL was received on 30.4.2015. The opposite party no.2 after due sanction of the authorities initiated prosecution against the applicant under aforesaid Sections and filed a complaint on 3.7.2015. The Magistrate concerned took cognizance and summoned the applicant, hence this application.
(3.) Heard Shri Rajeev Chaddha, learned counsel for the applicant and the learned AGA appearing for the State and perused the entire record.;