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IN THE HIGH COURT OF KERALA AT ERNAKULAM
G.GIRISH, J
M.K. Ramachandran, S/o. Kunju Pillai – Appellant
Versus
State Of Kerala, Represented By The Public Prosecutor, High Court Of Kerala – Respondent
ORDER :
The petitioners are the accused in C.C.No.113/2019 on the files of the Judicial First Class Magistrate Court, Haripad, a case which arose out of a complaint filed by the Food Safety Officer, Haripad Circle under section 42(5) of the Food Safety and Standards Act, 2006 (hereinafter referred to as ‘the Act’). In the present petition filed under Section 482 Cr.P.C, the petitioners seek to quash the proceedings in the said case.
2. The complainant had purchased 2 Kgs of Coriander from the shop conducted by the first petitioner as licensee in Building No.337 situated in Ward No.17 at Nangiarkulangara in Chingoli Panchayat. The second petitioner is the warrantor who sold the above food item to the first petitioner. The aforesaid food item was found to have been unsafe under Section 3.1.(zz).(ix) of the Act since it contained dead and living insects in the analysis conducted by the Food Analyst. The second part of the sample was not sent to the Referral Food Laboratory since there was no such request in the appeal filed by the petitioners. In view of the above violation detected by the Food Safety Officer, he preferred a complaint before the learned Magistrate on 12.04.2019. The lea
Procedural violations in food safety regulations can lead to quashing of prosecution if they cause prejudice to the accused's rights.
Non-compliance with mandatory provisions and procedural irregularities can render a complaint not maintainable and lead to the quashing of the charge sheet.
Substantial compliance with procedural requirements in food safety law suffices; mere delay in analysis does not invalidate prosecution unless prejudice to the accused is demonstrated.
The main legal point established in the judgment is that delay in the food analyst's report and denial of appeal right do not warrant quashing the proceedings.
Delay in prosecution recommendation under Food Safety Act does not invalidate proceedings; statutory 'shall' interpreted as 'may' due to context and absence of consequences for such delay.
: Technical grounds are not sufficient to quash criminal proceedings under Section 482 Cr.P.C.
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