CHANDIGARH: A local court has held owner of Hotel City Plaza, Sector 7C, guilty of selling food without licence and sentenced him to undergo imprisonment till rising of the court and to pay fine of Rs 10,000 for the offence.The orders were issued by the court Of Chief Judicial Magistrate Akshdeep Mahajan. Accused Sham Sunder was booked for offence under sections 26(2) (iii), 31(1) of the Food Safety and Standards Act 2006, punishable under Section 63 of the Act, and his bail application was accepted.
Additional public prosecutor (APP) for the complainant contended that the premises of accused was inspected on August 17, 2015 and at that time, it was found that accused had been preparing and selling cooked food articles like pulses vegetables, Chapatti without having food licence for public sale.
Accused denied allegations and alleged false implication. Accused was given opportunity to lead evidence in defence however no evidence was led by the accused. APP contended that mere flaw in investigation should not form the basis for acquittal of the accused, and efforts should be made by the court to see that criminal justice was salvaged despite such defects in investigation. On the other hand, defence counsel contended that no joint raid as alleged was ever conducted and the accused has been falsely implicated in this case. As per the prosecution version, raiding team comprised officials of various departments i.e. Estate Office, fire and other departments.Upon inspection, Bharat Kanojia FSO, food safety officer, inspected the business premises and he was challaned for selling food articles for human consumption without having a food licence.
A plea has been taken on behalf of convict that he is sole bread earner of his family and is not a previous convict, therefore, lenient view may kindly be taken. After hearing arguments the judgment read, “The convict is sentenced to undergo imprisonment till rising of the court and to pay fine of Rs 10,000 for offence punishable under Section 63 of the Act. On default of payment of fine, convict shall undergo imprisonment for seven days.”
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