Delays exceeding statutory timelines in adjudication proceedings can lead to abuse of process and violate principles of natural justice.

JUDGMENT :

S.K. Panigrahi, J.

1. The Petitioner, in the present Writ Petition, challenges the continued adjudication of Adjudication Case No.2 of 2016 before the learned Additional District Magistrate-cum-Adjudicating Authority, Cuttack, on the ground that it is arbitrary, unlawful, and in violation of the order dated 31.03.2016 issued by the Food Safety and Standards Authority of India (FSSAI) / Opposite Party No.1.

I. FACTUAL MATRIX OF THE CASE

2. The brief facts of the case are as follows:

(i) The petitioner is a multinational company engaged in the business of fast-moving consumer goods, with its registered office located at No. 1102, 11th Floor, Raheja Towers, West Wing, 28 M.G. Road, Bangalore 560001.

(ii) On 09.06.2015, at approximately 11:30 A.M., the Food Safety Officer conducted an inspection of the business premises of Accused No. 2. At the time of inspection, the Depot In-Charge, Mr. Abhisek Agarwal, was present and was found conducting transactions involving food articles relating to Indo Nissin products.

(iii) The Food Safety Officer disclosed his identity to Mr. Agarwal and communicated his intention to inspect the food articles displayed for sale. During the course of inspection, stocks of ‘Top Ramen Masala - Instant Noodles’ and ‘Top Ramen Curry Veg - Saucy Flat Noodles’ in 280-gram poly packs were found stored at the premises.

(iv) The Food Safety Officer served a notice in Form VA under Rule 2.4.1(3) of the Food Safety and Standards Rules, 2011, upon Mr. Abhisek Agarwal, and proceeded to purchase eight 280-gram poly packs of each variety of the noodles. All requisite formalities concerning the packing and sampling of the purchased items were duly completed by the Food Safety Officer.

(v) On the following day, i.e., 10.06.2015, a portion of each sample was forwarded by the Food Safety Officer to the Office of the City Health Officer, Cuttack Municipal Corporation, Cuttack, for further analysis.

(vi) Pursuant to the direction of the Food Safety Commissioner, Odisha, the Food Safety Officer forwarded one part of the sample to the Director, State Public Health Laboratory, Pune. In compliance with the said direction, the Director issued Report Nos. D.O.-72/15/388/2015 and D.O.-73/15/389/2015, wherein it was opined that the sample of ‘Top Ramen Masala’ was substandard. The report recorded the presence of Monosodium L-Glutamate (MSG) in the sample, despite the product label bearing the declaration ‘No added MSG (poly)’, thereby contravening Regulation 2.3.1(5) of the Food Safety and Standards (Packaging and Labelling) Regulations, 2011.

(vii) The analysis report was thereafter forwarded to the petitioner. Subsequently, the Food Safety Officer placed all relevant documents before the City Health Officer-cum-Designated Officer, Cuttack Municipal Corporation, Cuttack, for obtaining written consent to prosecute. Upon receipt of the requisite consent, a case came to be instituted against the petitioner in the court of the Additional District Magistrate-cum-Adjudicating Authority, Cuttack/ Opposite Party No. 3.

(viii) Upon receipt of notice from the office of Opposite Party No. 3, the petitioner entered appearance through its counsel and submitted a representation under Rule 3.1.1(6) of the Food Safety and Standards Rules, 2011, categorically denying the allegations made in the adjudication petition.

(ix) During the pendency of the adjudication proceedings, Opposite Party No. 1 issued an order dated 31.03.2016 (File No. 1(105) Maggi Noodles/2015/FSSAI (Part-I)), clarifying that glutamate occurs naturally in various foods such as milk, spices, wheat, and vegetables. It was stated that