ORDER :

The instant misc. petition has been filed by the petitioner herein seeking quashing of orders dated 07.04.2015 & 24.01.2020 whereby the learned ACJM, Merta took cognizance against the petitioner and dismissed the application filed by the petitioner under Section 468 Cr.P.C. read with Section 77 of the Food Safety and Standards Act, 2006 (hereinafter referred to as ‘the Act of 2006’) and to quash the entire proceedings of the criminal case No.145/2015 instituted against the petitioner in the said court.

2. Briefly stated the facts relevant and essential for disposal of the misc. petition are noted hereinbelow:-

3. On 24.10.2011, the Food Safety Officer-cum-CMHO, Nagaur reached Swastik Milk Chilling Centre, Devgarh Road, Thanwla District Nagaur associated with Amul Dairy, Mehsana. The petitioner herein was present at the centre as a representative of the Amul Dairy. The Food Safety Officer, collected samples of mixed milk from the chilling tank installed in the unit after following the procedure under the Food Safety and Standards Act, 2006 and Rules framed thereunder. One part of the sample was deposited with the Food Analyst, Jodhpur from where, a report dated 03.11.2011 was received to the effect that the sample of the mixed milk was substandard. Copy of the report was sent to the chilling centre. The petitioner requested for re-examination of the second part of the sample through the Referral Food Laboratory, Ghaziabad from where a report dated 10.09.2012 was received regarding the sample being unsafe. The Food Safety Officer thereafter, procured sanction for prosecution from the Joint Director, Medical and Health Services Zone, Ajmer who granted permission to launch the prosecution vide authority letter dated 11.04.2014. The complaint came to be filed in the court of Chief Judicial Magistrate, Nagaur on 12.09.2014. However, as the said court lacked jurisdiction to entertain the complaint, it was returned to the Food Safety Officer and came to be presented afresh on 07.04.2015 in the court of ACJM, Merta. On the same day, the learned trial court proceeded to take cognizance against the petitioner and the other accused persons for the offences punishable under Sections 26(2)(i) and 59 of the F.S.S. Act and summoned them for trial.

4. The petitioner upon appearance, filed an application dated 06.11.2017 seeking re-examination of the preserved sample through the Central Food Laboratory. The Food Safety Officer filed reply to the said application with an assertion that the second sample had already been examined through the Referral Food Laboratory, Ghaziabad and the report thereof was final and accordingly, the prayer for re-examination of the sample through the Central Food Laboratory could not be acceded to. Before any order could be passed by the trial court on the said application of the petitioner, another application came to be filed on his behalf under Section 77 read with Section 26 (2)(i) and 59 of the Act of 2006 and Section 468 Cr.P.C. for dropping of the proceedings. The said application came to be dismissed by order dated 24.01.2020. The petitioner has approached this Court through this petition under Section 482 Cr.P.C. for quashing of the order taking cognizance dated 07.04.2015, the order dated 24.01.2020 whereby the application for dropping of the proceedings on the ground the same being time-barred was dismissed and so also to quash entire proceedings of the complaint (supra).

5. Shri Vishal Sharma, learned counsel representing the petitioner drew the Court’s attention to Section 59 of the Act of 2006, as per which, the punishment for being found in possession unsafe food is 6 months imprisonment with fine which may extend to one lac rupees. Shri Sharma referred to Section 77 of the Act of 2006, which reads as below:-

“77. Time limit for prosecutions.-Notwithstanding anything contained in this Act, no court shall take cognizance of an offence under this Act after the expiry of the period of one year from the