Court finds delays and non-compliance with statutory provisions under the Food Safety and Standards Act, 2006 as grounds for quashing criminal proceedings.
In a significant judgment, the Bombay High Court has quashed the criminal proceedings against Britannia Dairy Private Limited, a wholly-owned subsidiary of Britannia Industries Limited, accused of selling unsafe food products. The decision, delivered by Justice Ranjitsinha Raja Bhonsale, highlights procedural lapses and delays in the handling of the case by the State authorities under the Food Safety and Standards Act, 2006 (FSS Act).
The case revolved around allegations that Britannia Cheese Cubes (Sour Cream and Onion) were found to be infested with fungus, rendering them unsafe for consumption. However, the High Court identified multiple lapses in the procedural conduct of the State authorities, including a significant delay in issuing notices and a failure to provide the laboratory report to Britannia Dairy, which denied them the opportunity to contest the findings or seek a re-analysis.
The Court observed that the statutory notice required under Rule 2.4.1(4) of the Food Safety and Standards Rules, 2011, was issued to Britannia only after the product's shelf life had expired. This delay effectively deprived the company of its right to have a fourth part of the sample analyzed by an independent laboratory, as provided under Rule 2.4.5(1) of the FSS Rules.
Furthermore, the judgment criticized the order of issuance of process by the Additional Chief Metropolitan Magistrate, describing it as a "rubber stamp" order lacking any application of mind. The Court also noted that some accused parties resided outside the jurisdiction of the Magistrate, necessitating a mandatory inquiry under Section 202 of the Code of Criminal Procedure, which was not conducted.
Justice Bhonsale emphasized the importance of adhering to procedural safeguards under the FSS Act, stating that the failure to comply with these provisions amounted to an abuse of the court's process. The Court ultimately exercised its inherent powers under Section 482 of the Code of Criminal Procedure (now Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023) to quash the proceedings, securing the ends of justice.
The judgment serves as a reminder of the necessity for strict compliance with statutory provisions to ensure fair legal proceedings, particularly in matters involving public health and safety.
Bottom Line:
Food Safety and Standards Act - Non-compliance with statutory provisions - Delay in issuing notice and non-supply of laboratory report resulting in deprivation of statutory rights of the accused - Proceedings quashed to prevent abuse of process of law.
Statutory provision(s): Food Safety and Standards Act, 2006 Sections 26(2)(i), 31(1), 46(4), 47, 59, 63; Food Safety and Standards (Food Products Standards and Food Additive) Regulations, 2011 Regulation 2.1.6.3; Food Safety and Standards Rules, 2011 Rules 2.4.1(4), 2.4.5, 2.4.6; Code of Criminal Procedure, 1973 Section 202, 482 (now Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023).
Britannia Dairy Private Limited v. State of Maharashtra, (Bombay) : Law Finder Doc id # 2976675
