The Jammu & Kashmir Food Safety Appellate Tribunal, Kashmir, has quashed a penalty of ₹3 lakh imposed on a food business operator for alleged misbranding under the Food Safety and Standards Act, 2006, citing serious procedural irregularities and non-compliance with statutory requirements.
The Tribunal, presided over by Shujaat Ali Khan, observed that a judicial proceeding without an order sheet is an “oxymoron” and held that failure to maintain proper records of proceedings undermines transparency and renders the adjudication process legally unsustainable.
The matter arose from a raid conducted by the Food Safety Department at a cold storage facility in Srinagar, where meat packets were allegedly found without mandatory labeling information required under the Food Safety and Standards (Labelling and Display) Regulations, 2020. A penalty of ₹3 lakh had subsequently been imposed on M/s Arif Enterprises under Section 52 of the Food Safety and Standards Act for alleged misbranding.
Challenging the order before the Appellate Tribunal, the appellant argued that the product in question had neither been seized nor recovered and that the proceedings were conducted without adherence to statutory safeguards.
After examining the record, the Tribunal noted multiple procedural lapses. It found that no order sheets had been maintained despite adjudication proceedings being deemed judicial proceedings under Section 68(3) of the Act. The Tribunal emphasized that recording appearances, procedural developments, and arguments is essential to ensuring accountability and fairness.
The Tribunal further observed that penalties for misbranding require strict compliance with statutory procedures, including seizure, sampling, and verification of labeling requirements. In the absence of recovery of the alleged product, the foundational evidence necessary to establish misbranding was lacking.
The Tribunal also questioned the Adjudicating Officer’s characterization of the product as “unsafe food” while simultaneously penalizing the appellant for misbranding. It noted that cases involving unsafe food may attract different statutory provisions and jurisdictional consequences under the Act.
Additionally, the Tribunal found that mandatory timelines prescribed under the Food Safety and Standards Rules, 2011 were ignored. The complaint was adjudicated within a week, depriving the appellant of adequate opportunity to prepare a defense and submit representations.
Describing the proceedings as casual and legally deficient, the Tribunal set aside the penalty imposed on the appellant. It also directed that the matter be reconsidered against another accused through a fresh inquiry conducted in accordance with the law. The Tribunal further recommended training and sensitization of the concerned adjudicating authority to prevent future procedural lapses.
The case is titled M/s Arif Enterprises v. Union Territory of J&K through Food Safety Officer, Zone-III, Srinagar.