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Calcutta High CourtWPA/18495/2022dismissed

Sudipta Kumar Jana, Director Of Krishnasudama Himghar Pvt Ltd v. State Of West Bengal And ORS.

2022-11-03Hon'Ble Justice Moushumi Bhattacharya2 pages

03.11.2022 sayandeep Sl. No. 28 Ct. No. 05 WPA 18495 of 2022 Sudipta Kumar Jana -Versus- The State of West Bengal & Ors.

Mr. Partha Pratim Roy Mr. Keshab Chandra Das Ms. Aparajita Mondal Mr. Biplab Adak .....for the petitioner Mr. Tapan Kumar Mukherjee Ms. Sangeeta Roy .....for the State The petitioner is aggrieved by an order of the Additional District Magistrate (Panchayat), Howrah dated 21st June, 2022 by which the petitioner has been directed to pay a fine of Rs. 15,000/-.

Learned counsel appearing for the State submits that the impugned order is appealable under The Food Safety and Standards Act, 2006.

Upon considering the relevant provisions of the said Act, Sections 70 and 71 of the said Act provide for establishment of a Food Safety Appellate Tribunal of the procedure by which the Tribunal shall function. By a latest Circular issued on 17th January, 2022, a Presiding Officer has also been appointed to the Appellate Tribunal.

Since the Appellate Tribunal is functioning as on date, the petitioner is given liberty to approach such Tribunal.

WPA 18495 of 2022 is disposed of on the above basis.

(Moushumi Bhattacharya, J.)