Legal Proceedings Found Unsustainable Due to Procedural Infirmities and Non-Compliance with Statutory Requirements
In a significant legal development, the Uttarakhand High Court has quashed the criminal proceedings initiated against Nestle India Limited concerning the alleged presence of lead and Monosodium Glutamate (MSG) in its popular product, MAGGI Noodles. The court found the proceedings to be legally unsustainable due to non-compliance with mandatory statutory requirements under the Food Safety and Standards Act, 2006 (FSS Act).
The judgment, delivered by Mr. Justice Alok Mahra, underscored the procedural lapses and abuse of process in the initiation of criminal prosecution. The court noted that the laboratory reports, which formed the basis of the prosecution, were obtained from a laboratory that was neither accredited by the National Accreditation Board for Testing and Calibration Laboratories (NABL) nor notified by the Food Safety and Standards Authority of India (FSSAI), as required under Sections 3(1)(p) and 43 of the FSS Act.
The court highlighted that the continuation of criminal proceedings based on reports from non-accredited laboratories amounted to an abuse of the legal process. It also observed that the prosecution was procedurally flawed as the sanction for prosecution was accorded by an unauthorized officer, in violation of Section 42 of the FSS Act, which mandates sanction by the Commissioner of Food Safety.
Furthermore, the court addressed the issue of vicarious liability, emphasizing that prosecution against company officers without impleading the company itself was not maintainable, as per Section 66 of the FSS Act. The court referenced established legal precedents, including the Supreme Court's rulings in "Aneeta Hada v. Godfather Travels & Tours Pvt. Ltd." and "Hindustan Unilever Ltd. v. State of Madhya Pradesh," which affirm that the liability of officers is contingent upon the prosecution of the company.
The judgment also pointed out that the cognizance of offences under the FSS Act was barred by limitation, as the complaints were instituted beyond the prescribed period without a valid extension from the Commissioner of Food Safety, as required under Section 77 of the FSS Act.
In light of these findings, the court concluded that the continuation of the proceedings would result in unnecessary harassment of the applicants and a miscarriage of justice. Consequently, all pending criminal proceedings against Nestle India Limited and its officers in relation to the MAGGI Noodles case were quashed.
The decision marks a pivotal moment in the legal narrative surrounding food safety regulations and enforcement, underscoring the necessity for strict compliance with statutory requirements and the importance of procedural integrity in criminal prosecutions.
Bottom line:-
Food Safety and Standards Act, 2006 - Criminal proceedings initiated based on reports from laboratories not fulfilling twin statutory requirements of NABL accreditation and FSSAI notification are legally unsustainable and amount to abuse of the process of law.
Statutory provision(s): Food Safety and Standards Act, 2006 Sections 3(1)(p), 43, 52, 59, 66, 77, 42; Criminal Procedure Code, 1973 Section 482
Nestle India Limited v. State of Uttarakhand, (Uttarakhand) : Law Finder Doc id # 2943853
