- (1.) This petition seeks the quashing of the order dated 31 July 2013 passed by the Adjudicating Officer/Additional District Magistrate (F & R), Jaunpur the Adjudicating Officer by which a penalty of Rs.1,25,000/- has been imposed on the petitioner-TATA Chemicals Limited the petitioner under Section 26/52 of the Food Safety and Standards Act, 2006 the Act for the reason that the food product in question was misbranded and had violated Regulation 2.3.1(5) of the Food Safety and Standards (Packaging and Labelling) Regulations, 2011 the Packaging Regulations.
(2.) It is stated that the proceedings were initiated against the petitioner after a seizure of a packet of 'TATA SALT' which also bore the words "HAVE YOU TRIED? TATA I-SHAKTI PULSES" and ultimately though the salt was found to be in conformity with the standards laid down in the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011 the Additives Regulations, but the statement contained in the packet referred to above was found to have violated the Packaging Regulations.
(3.) Sri Prashant Chandra, learned Senior Counsel appearing for the petitioner assisted by Sri Raghav Nayar, Sri Rishabh Kumar and Sri Akshat Srivastava submitted that the said information appearing on the 'TATA SALT' packet does not amount to misbranding inasmuch as it does not carry any statement which can be said to be false, misleading or deceptive. It is, therefore, his submission that the impugned order imposing penalty deserves to be set aside. In support of this contention, learned Senior Counsel placed reliance upon a decision of the Supreme Court in Parakh Foods Limited Vs. State of Andhra Pradesh & Anr, 2008 4 SCC 584.;