2016 CRI. L. J. 122 ::2015 (6) All LJ 426 ::2015 (6) ALJ 426 ::(2015) 3 AllCriR 2924 ::(2016) 1 AllCriLR 800 ::(2015) 6 ADJ 351 (ALL)

Allahabad High Court

Hon'ble Judge(s): Pankaj Naqvi , J

Food Safety and Standards Act (34 of 2006) , S.68, S.70, S.71— Adjudication - Appeal against order - Adjudicating officer and Food Safety Appellate Tribunal, while adjudicating quantum of penalty only exercises powers of Civil Court - They have no jurisdiction or power or authority to impose any punishment/sentence - Thus, appeal against order of Adjudicating officer and Tribunal cannot be filed as criminal appeal - Appeal against order of adjudicating officer would lie only as civil miscellaneous appeal and appeal against order of Tribunal would lie to High Court not as criminal appeal but as appeal from order on civil side. Both the Adjudicating Officer and the Food Safety Appellate Tribunal, while adjudging the quantum of penalty under Chapter X of the Act of 2006 only exercises the powers of the Civil Court as their determination is only confined to the adjudication on the quantum of penalty and nothing else. They have jurisdiction or power or authority to impose any punishment/sentence, which power is only conferred upon the Special Courts or the Ordinary Criminal Courts as the case may be, for prosecution of an offence under the Act. Thus an appeal against an order of the Adjudicating Officer under S. 70(1) before the Food Safety Appellate Tribunal could not be filed as criminal appeal and would only lie as a civil miscellaneous appeal. ....