- (1.) Heard learned counsel for the petitioner and learned Standing Counsel appearing for the respondents.
(2.) Petitioner has approached this Court challenging the proceedings initiated for recovery of the penalty imposed upon him under the provisions of the Food Safety and Standard Act, 2006 (hereinafter as Act, 2006) for violation of the provisions of the said Act and selling adulterated food. Vide order dated 19.10.2013, a sum of Rs.1,50,000/- was imposed upon the petitioner as penalty under Section 26 of the Food Safety and Standard Act, 2006.
(3.) Since there was a failure on the part of the State Government to constitute an Appellate Tribunal under the provisions of the Act, petitioner challenged the same by filing a Criminal Misc. Writ Petition No.24302 of 2013. Initially, an interim order was passed staying the recovery proceedings subject to petitioner depositing a sum of Rs.35,000/-. Subsequently, the said writ petition was disposed of in terms of the judgement and order dated 2.5.2014 passed in Criminal Misc. Writ Petition No. 936 of 2013 and other connected writ petitions providing that the State Government may constitute an appellate authority and the petitioner may file an appeal before the Tribunal.;