and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974). The appell — THE FOOD SAFETY AND STANDARDS ACT, 2006

and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974). The appell

section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974). The appellant may either appear in person Or authorise one O more legal practitioners Or any of its officers to represent his case before the Tribunal. 5) The provisions of the Limitation Act, 1963 (36 of 1963), shall, except as otherwise provided in this Act, apply to an appeal made to the Tribunal. (6) Any person aggrieved by any decision O order of the Tribunal may file an appeal to the High Court within sixty days from the date of communication of the decision Or order of the Tribunal to him on any question of fact or law arising out of such order: Provided that the High Court may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within further period not exceeding sixty days. 72. Civil court not to have jurisdiction. ~No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which an Adjudicating Officer O the Tribunal is empowered by O under this Act to determine and no injunction shall be granted by any court O other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act_ 73. Power of court to try cases summarily.~Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), all offences not triable by Special Court, shall be tried in summary way by Judicial Magistrate of the first class or by Metropolitan Magistrate and the provisions of sections 262 to 265 (both inclusive) of the said Code shall, as far aS may be, apply to such a trial: Provided that in the case of any conviction in a summary trial under this section, it shall be lawful for the Magistrate to pass a sentence of imprisonment for a term not exceeding one year: 35 Provided further that when at the commencement f, or in the course 0f, summary trial under this section, it appears to the Magistrate that the nature of the case is such that a sentence of imprisonment for a term exceeding one year may have to be passed 0 that it is, for any other reason, undesirable to try the case summarily, the Magistrate shall after hearing the parties, record an order to that effect and thereafter recall any witness who may have been examined and proceed to hear or rehear the case in the manner provided by the said Code. 74. Special courts and Public Prosecutor. (1) Notwithstanding anything contained in this Act or in the Code of Criminal Procedure, 1973 (2 of 1974), the Central Government o the State Government in their respective jurisdictions may, if consider expedient and necessary in the public interest, for the purposes of the trial of offences relating to grievous injury or death of the consumer for which punishment of imprisonment for more than three years has been prescribed under this Act; constitute, by notification in the Official Gazette, as many Special Courts with the concurrence of the Chief Justice of the High Court as may be necessary for such area or areas and for exercising such jurisdiction, as may be specified in the notification: (2) A Special Court may, on its own motion, Or on an application made by the Public Prosecutor and if it considers it expedient Or desirable so to do, sit for any of its proceedings at any place other than its ordinary place of sitting: (3) The trial under this Act of any offence by a Special Court shall have precedence over the trial of any other case against the accused in any other court (not being a Special Court) and shall be concluded in preference to the trial of such other case and accordingly the trial of such other case shall remain in abeyance. For every Special Court, the Central Government or the State Government; as the case may be, shall appoint person to be the Public Prosecutor and may appoint more than one person to be the Additional Public Prosecutors: Provided that the Central Government 0r the State Government; as the case may be, may also appoint for any case or class or group of cases, Special Public Prosecutor: (5) A person shall not be qualified to be appointed as Public Prosecutor or an Additional Public Prosecutor Or a Special Public Prosecutor under this section unless he has been in practice as an Advocate for not less than seven years or has held any post, for period of not less than seven years, under the Union or a State, requiring special knowledge of law 75. Power to transfer cases to regular courts. Where, after taking cognizance of any offence, a Special Court is of the opinion that the offence is not triable by it; it shall, notwithstanding that it has no jurisdiction to try such offence, transfer the case for the trial of such offence to any court having jurisdiction under the Code of Criminal Procedure, 1973 (2 of 1974) and the court to which the case is transferred may proceed with the trial of the offence as if it had taken cognizance of the offence. 76. Appeal: (Z)Any person aggrieved by a decision Or order of a Special Court may, on payment of such fee as may be prescribed by the Central Government and after depositing the amount; if any; imposed by way of penalty, compensation or damage under this Act, within forty-five days from the date on which the order was served, prefer an appeal to the High Court: Provided that the High Court may entertain any appeal after the expiry of the said period of forty-five days; if it is satisfied that the appellant was prevented by sufficient cause for filing the appeal within the said period. (2) An appeal preferred under this section shall be disposed of by the High Court by a bench of not less than two judges: 77. Time limit for prosecutions. ~Notwithstanding anything contained in this Act; no court shall take cognizance of an offence under this Act after the expiry of the period of one year from the date of commission of an offence: Provided that the Commissioner of Food Safety may, for reasons to be recorded in writing, approve prosecution within an extended period of up to three years 3 6 78. Power of court to implead manufacturer, etc: Where at any time during the trial of any offence under this Act alleged to have been committed by any person; not being the importer, manufacturer, distributor O dealer of any article of food, the court; is satisfied, on the evidence adduced before it; that such importer , manufacturer, distributor Or dealer is also concerned with that offence, then the court may, notwithstanding anything contained in sub-section (3) of

Section Section 195