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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. SATHISH KUMAR, J.
Crest Hospitality (Company) (Palm Jumeira) & Others - Petitioners
Versus
The Food Safety Officer, Chennai - Respondent
Crl. O.P. No. 4527 of 2022 & Crl. M.P. Nos. 2319, 2320 of 2022
Decided On : 15-07-2022
Food Safety and Standards Act - Prosecution for Violation of Food Safety Standards - Section 59(i) - Section 42, Section 46 - The court quashed the charge sheet filed for the offences under Section 59(i) of the Food Safety and Standards Act, citing violation of mandatory provisions in Section 42 and procedural irregularities in the prosecution process.
Fact of the Case:
The petition was filed to quash the Charge Sheet for the offences under Section 59(i) of the Food Safety and Standards Act. The prosecution alleged that the petitioners, in the hospitality industry, were selling 'Prepared Food' that was found to be unsafe. The petitioners argued that mandatory provisions in Section 42 were violated, rendering the complaint not maintainable.
Finding of the Court:
The court found that the food analyst did not comply with the mandatory period of 14 days for sending the analysis report, as stipulated in Section 42 of the Food Safety and Standards Act. The court also noted procedural irregularities in the prosecution process, including the premature recommendation for prosecution before the appeal period had expired.
Issues: Violation of mandatory provisions in Section 42, procedural irregularities in the prosecution process.
Ratio Decidendi: The court's decision was influenced by the non-compliance with the mandatory provisions in Section 42, which rendered the complaint not maintainable. The premature recommendation for prosecution before the appeal period had expired also contributed to the quashing of the charge sheet.
Final Decision: The charge sheet in C.C.No.1241 of 2020 on the file of the X Metropolitan Magistrate, Egmore, Chennai, was quashed, and the Criminal Original Petition was allowed. Consequently, connected Crl.M.Ps were closed.
JUDGMENT :
(Prayer: Petition filed under Section 482 of Cr.P.C. to call for the entire records pertaining to the case in CC.No.1241 of 2020 on the file of the X Metropolitan Magistrate's Court, Egmore, Chennai and quash the same.)
1. This petition has been filed to quash the Charge Sheet filed in CC.No.1241 of 2020 on the file of the X Metropolitan Magistrate, Egmore, Chennai for the offences under Section 59(i) of the Food Safety and Standards Act.
2. It is the case of the prosecution that the petitioners are in the hospitality industry and selling ‘Prepared Food’. On 22.08.2019 Food Safety Officers lifted samples of 'Prepared Food' after following the necessary procedures and samples were sent to the analysis on the same day i.e., on 22.08.2019. The Report was received by the Respondent on 30.09.2019 indicating that the food is unsafe. Hence, recommendation was made on 03.10.2019 and filed the prosecution.
3. Learned counsel appearing for the Petitioner would submit that while samples were lifted on 22.08.2019 it was received by the food analyst only on 26.09.2019, whereas report has been sent only on 30.09.2019 and the notice has been sent to the petitioner only on 03.10.2019. On the same day, the Respondent recommended for prosecution which is violation of the mandatory provisions and it is his contention that mandatory provision in Section 42 has not been followed. Therefore, the complaint is not maintainable. Further the reasons required for delayed analysis is also mechanical and no special reasons assigned for delay of testing the samples. Hence it is his contention that the entire mandatory provisions have been violated, therefore, the entire proceedings has to be quashed.
4. Learned Government Advocate (Criminal Side) submitted that Section 42 of the Act prescribes mandatory period of 14 days to send Analysis Report; But proviso to Section 46 of the Act make it clear that Section 42 would not be mandatory in nature. It is his contention that in this case the food analyst has given proper reason for delay in analysing. Hence submitted that the prosecution cannot be quashed at this stage.
5. I have perused the entire materials. The samples were lifted on 22.08.2019. It appears on the same day samples have been sent to the Analyst by the Food Safety Officer. The sample was received on 26.08.2019 by the Analyst. Whereas food was analysed only on 26.09.2019 beyond the period of 14 days as against the stipulation in Section 42 of the Food Safety and Standards Act. It is relevant to extract Section 42 of the Act.
(1) The Food Safety Officer shall be responsible for inspection of food business, drawing samples and sending them to Food Analyst for analysis.
(2) The Food Analyst after receiving the sample from the Food Safety Officer shall analyse the sample and send the analysis report mentioning method of sampling and analysis within fourteen days to Designated Officer with a copy to Commissioner of Food Safety.
(3) The Designated Officer after scrutiny of the report of Food Analyst shall decide as to whether the contravention is punishable with imprisonment or fine only and in the case of contravention punishable with imprisonment, he shall send his recommendations within fourteen days to the Commissioner of Food Safety for sanctioning prosecution.
(4) The Commissioner of Food Safety shall, if he so deems fit, decide, within the period prescribed by the Central Government, as per the gravity of offence, whether the matter be referred to,-
(a) a court of ordinary jurisdiction in case of offences punishable with imprisonment for a term up to three years; or
(b) a Special Court in case of offences punishable with imprisonment for a term exceeding three years where such Special Court is established and in case no Special Court is established, such cases shall be tried by a court of ordinary jurisdiction.
(5) The Commissioner of Food Safety shall communicate his decision to the Designated Officer and
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