SHORT NOTE
GUJARAT HIGH COURT
Z.K. Saiyed, J.
Virendra Hirabhai Rathod —Appellant
versus
Satish Kumar Manubhai Nayak
& Anr. —Respondents
Criminal Appeal (Against Acquittal) No.1299 of 2014
Decided on 9.12.2014

IMPORTANT POINT
Sample of cow milk taken from place of respondent-accused, sample sent to RFL for re-examination and as per report same declared unsafe, rightly acquitted accused.

Headnote:Food Safety and Standards Act, 2006 — Section 3(i)(zz)(5), 26(1)(2)(i), 46 (4) & 59(1) — Criminal Procedure Code, 1973 — Section 378(1)(3) — Acquittal — Cow Milk — According to prosecution case complainant-appellant legally appointed Food Safety Officer — Sample of cow milk taken from place of respondent-accused — As per oral evidence of complainant disclosed by him that he followed Rules of 2.4.1 to 2.4.9 of FSS Regulation, 2011 — Notice also given to respondent-accused under Section 46(4) — Said sample sent to RFL for re-examination and as per report same declared unsafe — HELD — Looking to observations made by trial Judge — Rightly observed by trial Judge that as per provisions of law sample was unsafe — Rightly acquitted respondent-accused.

       Held: Subsequently, the State filed an application for taking additional facts and documents on record. State pleaded that on 20.12.2012 the Commissioner Food Safety sent a letter alongwith DPR to the Director, Food Safety and Standard Authority of India, New Delhi for up-gradation of the existing food safety laboratories and the total cost of the project is Rs.14,47,20,570. Thereafter on 9.1.2013 reminder was sent for establishment of Food Laboratory as per the provisions of the Act of 2006. There must be 10 Divisional Laboratories and for that purpose an amount of Rs. Seven Crores per laboratory is required. The Government has taken steps to upgrade the laboratory at Bhopal and other two laboratories situate at Ujjain and Indore.

       Result: Appeal dismissed.