The court affirmed that extensions in prosecution timelines under the FSS Act due to extraordinary circumstances like a pandemic are valid, maintaining the integrity of food safety regulations.

JUDGMENT : 

NEENA BANSAL KRISHNA, J. 

1. Petitions under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the “ Cr.P.C .”) has been filed on behalf of the Petitioners seeking quashing of the Summoning Order dated 18.01.2021 passed in Complaint Case No. 7396/2020 which was filed under Sections 26 /59 of Food Safety and Standards Act, 2006 (hereinafter referred to as the “FSS Act”) by the Respondent No. 2, Food Safety Officer.

2. Briefly stated, on 07.03.2019, Mr. R.K. Bhaskar, the then Food Safety Officer (FSO) along with Sh. Bal Mukund, FSO and Sh. Satish Kumar Gaur, Field Assistant, on the directions of Sh. B.P. Saroha, Designated Officer (DO), South West, had purchased 04 cartons of Ghee, each measuring one litre, on payment of Rs.1,756/- vide receipt dated 07.03.2019, from M/s Bhagwati Store, Shop No. G-1, Plot No.2, Manish Twin Plaza-2, Sector-11, Dwarka of which Sh. Vipul Kapoor was in-charge and responsible for day-to-day conduct of the business. Sh. Vijay Kumar Kapoor S/o Sh. Kashmiri Lal Kapoor was Proprietor of M/s Bhagwati Store and also in-charge and responsible for day-to-day conduct of its business.

3. In accordance with the Rules, the one tetra pack bearing Sample No. 643/1030/13/2019 in intact condition was sealed and along with the copy of Memo of Form-VI, and another copy of Memo in Form-VI under sealed cover, was sent on 08.03.2019 to the Food Analyst, Delhi.

4. The other two counterparts of the sample along with the two copies of Form-VI, were deposited with Sh. B.P. Saroha, Designated Officer, Delhi in intact condition on the same day, under intimation that one counterpart sample has already been sent to Food Analyst for analysis.

5. As the Food Business Operator did not request to send the fourth counterpart of the sample for analysis from an NABL Accredited Laboratory under Rule 2.4.5 of Food Safety and Standards Rules, 2011 (hereinafter referred to as the “FSS Rules”), the fourth counterpart along with Form-VI, was also deposited with the Designated Officer in intact condition.

6. The sample was analyzed by Food Analyst, who gave his Report No. FSS/318/2019 dated 20.03.2019 wherein he stated “The sample is unsafe because it has added vegetable oil in place of ghee, which is inferior and cheaper substance and contravenes the clause number (IV), (V) & (XI) of the Section 3 (i) (zz) of The Food Safety & Standards Act, 2006. The sample is also substandard because Butyro refractometer reading at 40 deg. C. exceeds the prescribed maximum limit of 43.0 Reichert value is less than the prescribed minimum limit of 28.0 Further the sample is an admixture of ghee and vegetable oil, which is prohibited & Restricted for sale as per Regulation No. 2.1.1.3 of The Food Safety & Standards (Prohibition & Restriction on Sales) Regulation 2011”.

7. Sh. B.P. Saroha sent a copy of Food Analyst Report to Food Business Operator and other parties concerned on 29.03.2019, for giving an opportunity to file an Appeal against the Report under Section 46(4) and for sending one part of the sample to the Referral Laboratory, if so desired.

8. The manufacturer M/s Banas Dairy, 40, Acres Bulkland Industrial Area, Jainpur Extn., Mati Kanpur Dehat, UP, on receiving the intimation letter, along with the Food Analyst Report, preferred an Appeal against the Report under Rule 2.4.6 (1) of the FSS Rules before Sh. B.P. Saroha on 25.04.2019. Accordingly, one counterpart sample was sent to Referral Food Laboratory, Kolkata, W.B.

9. Director, Central Food Laboratory, Kolkata vide Certificate No. G.14-14/D.O/2019-319 dated 02.07.2019 opined as under :

“The sample does not conform to the standards laid down under Regulation No 2.1.8 of Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011 as it shows B.R. Reading at 40°C more than the prescribed limit and 'Reichert Meissl Value and Polenske value' less than the prescr