Case Note & Summary
The applicant, Hemant Sukaji Funde, was the Secretary of Gurukrupa Adiwasi Prathmik and Madhyamik Ashramshala, Thana, Amgaon, Gondia. He was arraigned as accused no.2 in Regular Criminal Case No.129/2013 pending before the Judicial Magistrate First Class, Amgaon, for offences under Sections 3(1)(zz)(ix), 26(1), 26(2)(i), 27(2)(c) punishable under Section 59 of the Food Safety and Standards Act, 2006. The complaint was filed by the Food Safety Officer, P.A. Umap, who on 15.09.2012 visited the Ashramshala premises and collected a sample of rice from accused no.1, Raju Narayan Chute, the Superintendent, who was present and looking after the food stock. The applicant was not present at the time of sampling. The complaint alleged that the applicant, as Secretary, was responsible for the day-to-day affairs of the Ashramshala. The applicant filed this application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of the criminal case. The High Court examined the complaint and found that there was no specific allegation that the applicant was in charge of or responsible for the conduct of the business of the Ashramshala at the time of the alleged offence. The court noted that the applicant was not present when the sample was taken, and the complaint did not disclose any role played by him. Relying on the principle that vicarious liability cannot be imposed without specific averments, the court held that continuing the proceedings against the applicant would be an abuse of the process of the court. Accordingly, the court allowed the application and quashed the criminal case against the applicant.
Headnote
A) Criminal Procedure Code - Quashing of Criminal Proceedings - Section 482 CrPC - Abuse of Process - Complaint under Food Safety and Standards Act, 2006 against Secretary of Ashramshala who was not present at sampling and no specific role alleged - Held that continuation of proceedings would be abuse of process of court, hence quashed (Paras 1-8).
B) Food Safety and Standards Act, 2006 - Vicarious Liability - Sections 3(1)(zz)(ix), 26(1), 26(2)(i), 27(2)(c), 59 - Secretary not in charge of food articles at relevant time - No averment that applicant was responsible for conduct of business - Held that vicarious liability cannot be imposed without specific role (Paras 5-8).
Issue of Consideration
Whether criminal proceedings can be quashed against the Secretary of an Ashramshala who was not present at the time of sampling and against whom no specific role is alleged in the complaint under the Food Safety and Standards Act, 2006.
Final Decision
The application is allowed. Regular Criminal Case No.129/2013 pending before Judicial Magistrate First Class, Amgaon is quashed and set aside against the applicant.
Law Points
- Vicarious liability under Food Safety and Standards Act
- 2006 requires specific averment of role
- Quashing under Section 482 CrPC for abuse of process
- Secretary not in charge of food articles
Case Details
2017 LawText (BOM) (09) 237
Criminal Application (APL) No.61/2014
Mr. S. A. Bramhe for applicant, Mr. R. S. Nayak, A.P.P. for non applicant State
State of Maharashtra through Food Safety Officer, Food and Drug Administration (M.S.) Bhandara
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Nature of Litigation
Criminal application under Section 482 CrPC for quashing of Regular Criminal Case No.129/2013 pending before Judicial Magistrate First Class, Amgaon.
Remedy Sought
Quashing of criminal proceedings against the applicant (accused no.2) in the said case.
Filing Reason
The applicant, Secretary of the Ashramshala, was not present at the time of sampling and no specific role was alleged against him in the complaint.
Issues
Whether the criminal proceedings against the applicant can be quashed under Section 482 CrPC for want of specific allegations of his involvement.
Submissions/Arguments
Mr. S. A. Bramhe, Advocate for applicant: The applicant was not present at the time of sampling; no specific role attributed; continuation is abuse of process.
Mr. R. S. Nayak, A.P.P. for non applicant State: Opposed the application.
Ratio Decidendi
Vicarious liability under the Food Safety and Standards Act, 2006 cannot be imposed without specific averments that the accused was in charge of and responsible for the conduct of the business at the time of the offence. Since the complaint lacked such averments and the applicant was not present, continuation of proceedings would be an abuse of process.
Judgment Excerpts
The present proceeding is under Section 482 of the Code of Criminal Procedure for quashing of the Regular Criminal Case No.129/2013 pending on the file of Judicial Magistrate First Class, Amgaon for an offence under Section 3 (1) (zz) (ix), 26 (1), 26 (2) (i), 27 (2) (c) punishable under Section 59 of the Food Safety and Standards Act, 2006.
The present applicant is shown as accused no.2 in the said complaint. The cause title of the complaint depicts that he is Secretary of Gurukrupa Adiwasi Prathmik and Madhyamik Ashramshala, Thana, Tq. Amgaon, Dist. Gondia.
The complaint further proceeds that on 15.09.2012, at about 13.30 hrs. the complainant along with panch witness visited the premises of accused no.3... That time accused no.1Raju Narayan Chute, Superintendent was present in the premises and was looking after the stock of food articles including rice for preparation of meals for students.
There is no whisper in the complaint that the present applicant was in charge of and was responsible for the conduct of the business of the Ashramshala at the time when the alleged offence was committed.
In the absence of such an averment, the criminal proceeding against the present applicant cannot be continued. It would be nothing but an abuse of the process of the Court.
Procedural History
The Food Safety Officer filed a complaint leading to Regular Criminal Case No.129/2013 before the Judicial Magistrate First Class, Amgaon. The applicant, as accused no.2, filed Criminal Application (APL) No.61/2014 under Section 482 CrPC before the Bombay High Court, Nagpur Bench, seeking quashing of the case against him.
Acts & Sections
- Food Safety and Standards Act, 2006: 3(1)(zz)(ix), 26(1), 26(2)(i), 27(2)(c), 59
- Code of Criminal Procedure, 1973: 482
