Allahabad High Court
Rajeev Gupta vs State Of U.P. And Another on 6 March, 2020
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 76 Case :- APPLICATION U/S 482 No. - 9356 of 2020 Applicant :- Rajeev Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vikas Rana Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This application has been filed with a prayer to quash the impugned summoning order dated 15.11.2019 passed by Additional Chief Judicial Magistrate, Court No. 1, Bareilly in Complaint Case No. 2244 of 2019 under Section 26/59 Food Safety and Standards Act-2006, Police Station Sirauli, District Bareilly (State Vs. Rajeev Gupta), pending the court of Additional Chief Judicial Magistrate, Court No. 1, Bareilly.
Brief facts of the case are that applicant is running a sweet shop at main market, Police Station Sirauli, District Bareilly. On 01.03.2017, opposite party no. 2 took sample of sweet (barfi) in prescribed Form V-A and sent the same to the Food Analyst on 02.03.2017 for its sample analysis. The Food Analyst, Uttar Pradesh (Varansi) prepared the report, in which, it has been found that Aluminium foil is present in the sample which is harmful for human consumption. Hence, the sample is unsafe. Thereafter, after following the procedure, cognizance has been taken against the applicant and he has been summoned on 15.11.2019.
It has been submitted by the learned counsel for the applicant that the summoning order has been passed in a mechanical way without application of judicial mind and without recording substantive satisfaction that the offence under the relevant Sections is made out against the applicant. The concerned Magistrate while passing the impugned summoning order has not recorded any finding or reason as to whether the alleged offence is prima facie made out against the applicant or not.
Learned A.G.A. has also conceded the fact that impugned order dated 15.11.2019 has been passed in mechanical way without application of judicial mind hence, the same is liable to be set aside.
In view of the above, order dated 15.11.2019 is set aside and the matter is remanded back to the concerned court below to pass the reasoned and speaking order in accordance with law.
Accordingly, this application stands allowed.
Order Date :- 6.3.2020 Priya