The court affirmed that operation of a manufacturing unit requires adherence to health regulations, and possession of licenses for non-consumable products does not exempt liability for producing unsafe food items.

JUDGMENT :

SASHIKANTA MISHRA, J.

The petitioner is an accused in G. R. Case No. 2710 of 2020 of the court of learned J.M.F.C.(R),Cuttack instituted for commission of the offences under Sections 272 /273/420/34 IPC , Sections 51 /52/59/63 of the Food Safety and Standards Act, 2006 Sections 104 and 107 of Trade Marks Act,1999 and Rules 33, 36 of Legal Metrology (Packaged of Commodities) Rules, 2011. In the present application filed under Section 482 of Cr.P.C. he seeks to challenge the order dated 07. 07.2022 passed in the above case whereby cognizance of the aforementioned offences was taken. He also seeks quashment of the criminal proceedings.

2. The facts of the case, briefly stated, are that upon receiving reliable information regarding functioning of an illegal and adulterated Ghee Manufacturing Unit by the present petitioner and his nephew, Soumya Ranjan Panda, the IIC of Sadar Police Station, Cuttack being accompanied by other officials and witnesses conducted raid on the said manufacturing unit on 29.11.2020 at 12.30 P.M. In course of raid, burning ghee, castrol oil, til oil, Banaspati fat oil, palm oil and some red colour seed like chemicals were found to be stored in the unit. Further, packaged ghee with the brand name Balaji Durga Ghee and Bhimeswar Banaspati Ghee, empty jars with logo of Balaji Durga Ghee along with some unpacked Ghee kept in jars were also found to be stored. The nephew of the petitioner, Soumya Ranjan Panda confessed that they were purchasing banaspati, castrol oil, til oil, from Mumbai and burning palm oil with banaspati and preparing ghee and selling the same in the market. The Health Officer, who was a member of the raiding party, verified the products and suspected the same to be noxious and injurious for human consumption. It was further found that the unit was functioning without valid license. The articles and other documents were seized at the spot. As such, plain paper FIR was drawn up and Sadar Police Station Case No. 624 of 2020 was registered. In course of investigation, the samples were sent to the forensic laboratory for chemical analysis and it was found that the same were unsafe for human consumption. As such, charge-sheet was submitted under the aforementioned offences. Learned J.M.F.C. after perusing materials on record, held that there is ample prima facie material to proceed against the accused person and as such, took cognizance of the aforementioned offences by the impugned order.

3. Heard Mr. K.P. Misha, learned Senior counsel with Mr. S. Rath, learned counsel for the petitioner and Mr. S.K. Mishra, learned Additional Standing Counsel for the State.

4. Mr. Mishra, has forcefully argued that the petitioner has established the unit for manufacturing burning ghee, which is made for puja purpose and for which he has all the necessary permission, license and certificates from the concerned authorities. Referring to a sample label of Balaji brand burning ghee, enclosed as Annexure-3 to the CRLMC petition, Mr. Mishra, argues that it is clearly mentioned therein that it is not for human consumption. As such, the offence under Sections 272 /273 is not attracted because the product does not come within the definition of ‘Food’ within meaning of Section 3 (j) of the Food Safety and Standards Act. Mr. Mishra further argues that the petitioner has establishment and manufacturing certificate and production certificate from the District Industries Centre, Cuttack, license from the Directorate of Factories and certificate from the State Pollution Control Board for running the unit for production of burning Ghee. The relevant documents were also seized by the police. Accordin