Back
P. G. AJITHKUMAR
Ahammed Naseef S/o. Soopy – Appellant
Versus
State of Kerala – Respondent
ORDER :
The 2 nd respondent filed Annexure-1 complaint before the Court of the Judicial Magistrate of the First Class-I, Perambra arraigning the petitioners and three others as the accused. The offences alleged against them are punishable under Section 3 (1)(zz)(viii), Section 26 (1), Section 26 (2)(i) and Section 59 (i) read with Section 66 of the Food Safety and Standards Act, 2006 . The learned Magistrate took cognizance of the offences and issued summons to all the accused. Accused Nos.3 to 9 have filed this petition invoking the provisions of Section 482 of the Code of Criminal Procedure, 1973 seeking to quash the complaint and further proceedings based on the complaint in C.C.No.397 of 2022 as against them.
2. The allegations based on which complaint was lodged are the following:
Partners of a firm are not liable for offences under the Food Safety Act unless specific allegations of their involvement are made.
A Managing Director cannot be prosecuted under the Food Safety Act without the company being a party to the proceedings, as vicarious liability requires both to be present in court.
Seizure of sub-standard and unsafe skimmed milk – Offence under FSS Act can be stated to have been committed on the date when report of Food Analyst indicating that sample of food is unsafe or sub-st....
The main legal point established in the judgment is that the prosecution for an offense under the Food Safety and Standards Act, 2006 must be filed within the prescribed time limit, and the absence o....
The court established that an offence under the Food Safety and Standards Act is committed upon receipt of the food analyst's report, and any prosecution must adhere to mandatory timelines; failure t....
Specific allegations supported by evidence are necessary to prosecute directors/partners of a company/firm in cases under the Prevention of Food Adulteration Act.
Prosecution under the Food Safety and Standards Act does not require a prior complaint for FIR; misbranding entails legal liability under both the IPC and Food Safety Act.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
