Case Note & Summary
The case involves a criminal application filed under Section 482 of the Code of Criminal Procedure, 1973 by the applicants, who are the original accused, seeking quashing of the order issuing summons dated 13.11.2013 in Regular Criminal Case No. 4376 of 2013 and the complaint itself. The complaint was filed by the Food Safety Officer (respondent No.1) against the applicants for alleged contravention of Section 26(1) read with Section 26(2)(i) read with Section 27(1) of the Food Safety and Standards Act, 2006 (FSS Act) and Regulation 3.1.2(7) of the Food Products (Standards and Food Additives) Regulations, 2011. The background facts reveal that on 17.11.2012, the Food Safety Officer visited the premises of M/s. V. K. Agencies owned by applicant No.1 and discovered 200 wholesale packs of lozenges. Samples were taken and the rest of the stock was seized. The samples were sent to the Food Analyst on 19.11.2012, and a report was received. The complaint was thereafter filed. The applicants challenged the proceedings on the ground that the mandatory procedures under Sections 42 and 43 of the FSS Act, 2006 were not followed. The Court analyzed the provisions and found that the Food Safety Officer did not comply with the requirements of sending the sample to a notified laboratory and providing the accused with an opportunity to have the sample analyzed by a referral laboratory. The Court held that the non-compliance with these mandatory procedures vitiated the complaint and the summons. The Court further observed that continuing the proceedings would be an abuse of the process of law. Accordingly, the Court allowed the application and quashed the complaint and the order issuing summons.
Headnote
A) Criminal Procedure - Quashing of Complaint - Section 482 CrPC - Food Safety and Standards Act, 2006 - The High Court examined the validity of a criminal complaint filed for alleged contravention of Sections 26(1), 26(2)(i), 27(1) of the FSS Act, 2006 read with Regulation 3.1.2(7) of the Food Products (Standards and Food Additives) Regulations, 2011. The complaint was based on sampling of lozenges by the Food Safety Officer. The Court held that the mandatory procedures under Sections 42 and 43 of the FSS Act, 2006 regarding sampling, analysis, and providing an opportunity to the accused were not complied with, rendering the complaint and the subsequent summons liable to be quashed. (Paras 1-10) B) Food Safety - Sampling and Analysis - Sections 42, 43 of the Food Safety and Standards Act, 2006 - The Court noted that the Food Safety Officer failed to follow the prescribed procedure for sampling and analysis, including the requirement to send the sample to a notified laboratory and to provide the accused with a copy of the analysis report and an opportunity to have the sample analyzed by a referral laboratory. The non-compliance vitiated the entire proceedings. (Paras 5-8) C) Criminal Procedure - Abuse of Process - Section 482 CrPC - The Court found that the continuation of the criminal proceedings would be an abuse of the process of law as the mandatory statutory safeguards were ignored. Consequently, the complaint and the order issuing summons were quashed. (Paras 9-10)
Issue of Consideration
Whether the criminal complaint and the order issuing summons against the applicants under the Food Safety and Standards Act, 2006 and the Regulations thereunder are liable to be quashed on the ground of non-compliance with mandatory procedures relating to sampling, analysis, and grant of opportunity under Section 42 and 43 of the FSS Act, 2006?
Final Decision
The Court allowed the criminal application and quashed the order issuing summons dated 13.11.2013 in Regular Criminal Case No. 4376 of 2013 and the complaint itself.
Law Points
- Section 482 CrPC
- Section 26(1) read with Section 26(2)(i) read with Section 27(1) of the Food Safety and Standards Act
- 2006
- Regulation 3.1.2(7) of the Food Products (Standards and Food Additives) Regulations
- 2011
- Rule 2.4.1(4) and 2.4.5 of the Regulations
- Section 42 of the FSS Act
- Section 43 of the FSS Act
