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IN THE HIGH COURT OF JUDICATURE AT MADRAS
L.VICTORIA GOWRI
Muthukumar – Appellant
Versus
State of Tamil Nadu – Respondent
ORDER :
Preface:
1. This Criminal Original Petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash the prosecution in S.T.C. No.29 of 2024 on the file of the learned Judicial Magistrate No.I, Pudukottai. The petitioners stand arrayed as Accused Nos.1 to 4 and are sought to be prosecuted for the alleged offences under Sections 52 and 59(i) of the Food Safety and Standards Act, 2006.
2. The gravamen of the challenge is that the prosecution, though clothed in the form of a statutory complaint under the Food Safety and Standards Act, stands vitiated on account of non-compliance with the mandatory safeguards contemplated under the Act. The petitioners would specifically contend that the analyst’s report, which forms the very substratum of the prosecution, was never furnished to them and that such omission has deprived them of the valuable statutory right available under law to question the report and seek further remedy. According to the petitioners, the continuation of the prosecution in the teeth of such infraction would amount to a clear abuse of process.
3. Heard the learned counsel appearing for the petitioners and the learned Additio
Non-compliance with mandatory provisions and procedural irregularities can render a complaint not maintainable and lead to the quashing of the charge sheet.
Procedural violations in food safety regulations can lead to quashing of prosecution if they cause prejudice to the accused's rights.
A criminal prosecution under the Food Safety and Standards Act, 2006, is liable to be quashed if it is instituted beyond the statutory one-year limitation period without the mandatory recorded extens....
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.
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