H.C.MISHRA, J. - (1.) HEARD learned counsel for the petitioner and the learned counsel for the State.
(2.) THIS writ application has been filed by the petitioner with a prayer for quashing the exparte order dated 25.12.2013 passed by the Deputy Commissioner, RanchicumAdjudicating Officer, respondent No.2, in Food Safety and Standards Case No. 28/201314, whereby the penalty of Rs.3,00,000/ lakhs has been imposed upon the petitioner, as the sample of Noodles purchased from the shop of the petitioner was found to be misbranded.
(3.) LEARNED counsel for the petitioner has taken a short point in challenging the impugned order, submitting that the said order has been passed exparte without service of notice upon the petitioner. The ordersheet has been brought on record, which shows that the complaint under the Act was filed by the Food Safety Officer, Ranchi, on 20.4.2013 in the Court of the Deputy Commissioner, Ranchi, which was registered as Food Safety and Standards Case No. 28/ 2013 14. On 20.4.2013 itself, notice was ordered to be issued to the accused person and the case was fixed for 29.5.2013. There is nothing in the ordersheet to show that the notice was actually issued to the accused person. On the next date fixed, i.e., on 29.5.2013 the case could not be taken up as the Deputy Commissioner was busy with the other works and the case was fixed for 28.06.2013, on which date also for the same reason the case was not taken up and the case was fixed on 07.08.2013. On 07.08.2013, the State was heard and the case was fixed for orders and finally the impugned order dated 25.12.2013 was passed imposing the penalty upon the petitioner, and in the said order it is mentioned that upon proper notice the accused did not appear and hence the matter was taken exparte against him. Learned counsel for the petitioner has submitted that the impugned order passed by the Court below cannot be sustained in the eyes of law, in as much as, no notice was ever issued / served to the petitioner and it has falsely been stated in the impugned order that upon proper notice, the accused did not appear.;