Section 42(4) in The Food Safety And Standards Act, 2006
(4)The Commissioner of Food Safety shall, if he so deems fit, decide, within the period prescribed by the Central Government, as per the gravity of offence, whether the matter be referred to,-(a)a court of ordinary jurisdiction in case of offences punishable with imprisonment for a term up to three years; or(b)a Special Court in case of offences punishable with imprisonment for a term exceeding three years where such Special Court is established and in case no Special Court is established, such cases shall be tried by a court of ordinary jurisdiction.
