Case Note & Summary
The State of Maharashtra, through its Food Safety Officer, filed an Appeal from Order before the Bombay High Court challenging a judgment and order dated 24.04.2018 passed by the Food Safety Appellate Tribunal, Jalna, under Section 71(6) of the Food Safety and Standards Act, 2006 (FSS Act). The respondents, Pankaj Gupta (nominee) and Adani Wilmar Limited, raised a preliminary objection regarding the maintainability of the appeal, arguing that Section 71(6) only provides for an 'appeal' to the High Court and not an 'Appeal from Order' as defined under the Code of Civil Procedure, 1908 (CPC). They further contended that the proceedings before the Tribunal were quasi-criminal in nature, and thus any appeal should lie to the criminal side of the High Court. The Court heard arguments solely on the issue of maintainability. The appellant-State argued that the appeal was maintainable as an Appeal from Order under Section 104 CPC read with Order 43 Rule 1 CPC, and that the Tribunal's order was a civil matter. The Court analyzed the provisions of the FSS Act, particularly Sections 68, 69, 70, and 71. It noted that Section 68 provides for adjudication by the Additional District Magistrate, who is deemed to be a court for certain purposes under the CrPC, but the Tribunal under Section 70 is a separate appellate body. The Court held that the Tribunal exercises civil jurisdiction, and therefore an appeal under Section 71(6) lies to the civil side of the High Court. The Court further held that the appeal can be filed as an Appeal from Order under Section 104 CPC read with Order 43 Rule 1 CPC, as the Tribunal is a court subordinate to the High Court. The preliminary objection was overruled, and the matter was directed to be placed before the appropriate bench for hearing on merits.
Headnote
A) Food Safety Law - Appeal from Order - Maintainability - Section 71(6) Food Safety and Standards Act, 2006 - The Court held that an appeal under Section 71(6) of the FSS Act lies to the High Court and can be filed as an Appeal from Order under Section 104 CPC read with Order 43 Rule 1 CPC, as the Tribunal is a civil court for purposes of appeal. The appeal is maintainable on the civil side of the High Court. (Paras 1-10) B) Food Safety Law - Jurisdiction - Civil vs Criminal Side - Section 71(6) Food Safety and Standards Act, 2006 - The Court clarified that the Food Safety Appellate Tribunal exercises civil jurisdiction, and therefore appeals against its orders lie to the civil side of the High Court, not the criminal side. (Paras 5-8)
Issue of Consideration
Whether an order passed by the Food Safety Appellate Tribunal under Section 71(6) of the Food Safety and Standards Act, 2006 can be challenged by way of an Appeal from Order before the High Court, and whether such appeal lies to the civil side or criminal side of the High Court.
Final Decision
The preliminary objection regarding maintainability is overruled. The Appeal from Order is held maintainable. The matter to be placed before the appropriate bench for hearing on merits.
Law Points
- Maintainability of Appeal from Order
- Jurisdiction of High Court (Civil vs Criminal)
- Interpretation of Section 71(6) of FSS Act
- 2006
- Applicability of CPC provisions
