IMPORTANT POINT
The Food Safety and Standard Act, 2006 allows for prosecution within three years from the date of commission of an offence, overriding general limitation provisions in the Cr.P.C.

JUDGMENT :

ARUN KUMAR SINGH DESHWAL, J.

1. Heard Mohd. Naushad Siddiqui, learned counsel for the applicant, Sri Pankaj Saxena, learned A.G.A for the State and perused the record.

2. The instant application under Section 482 Cr.P.C. has been filed for quashing the order dated 27.06.2024 passed by Metropolitan Magistrate-1st, Kanpur Nagar as well as entire proceeding of Complaint Case No.18674 of 2019, under Section 51 and 59(i) of Food Safety and Standard Act, 2006, Police Station- Nazirabad, District Kanpur Nagar pending in the court of Metropolitan Magistrate-1st, Kanpur Nagar.

3. Facts giving rise to the present case are that the sample of milk was collected on 24.11.2017 by the Food Safety Officer from the premises of applicant thereafter the sample of milk was sent to the Food Analyst, Regional Food Laboratory Medical College Campus, Meerut for analysis. Thereafter a report from a food analyst was received on 10.12.2017 showing milk was of sub-standard. Subsequently, notice was issued to the applicant, who filed the appeal before the designated officer against the report of the food analyst which was allowed and the sample was again sent for fresh analysis. Thereafter fresh report was received from the food analyst on 25.04.2018 again showing that the milk was sub-standard and also unsafe. Thereafter Food Safety Officer sent an application to the Commissioner, Food Safety through designated officer on 14.05.2018 to get approval for prosecution under Section 77 of Act, 2006. The Commissioner, Food Safety vide order dated 20.06.2019 granted approval for the prosecution of applicant despite expiry of period of one year from the date of commission of offence, thereafter complaint was filed on 04.07.2019.

4. Contention of learned counsel for the applicant is that the impugned proceeding is barred by limitation and the court below while rejecting his application failed to consider this aspect. It is further submitted that in the present case, the sample was collected on 24.11.2017 but the complaint was filed on 04.07.2019 which is after more than one year. Therefore, in view of Section 468 Cr.P.C. the court is barred from taking cognizance. Alternatively, counsel for the applicant also submitted that even it is accepted that in view of Section 77 of Food Safety and Standard Act, 2006 (hereinafter referred to as the 'Act, 2006'), the Commissioner of Food Safety can extend the period for taking cognizance from one year to three years from the date of commission of an offence but the reason must be recorded but the Commissioner while extending the period of limitation under Section 77 of the Act, 2006 has not recorded reason. Learned counsel for the applicant lastly submitted that the sample was collected from the dairy of the applicant which was sub-standard, therefore, proceeding can be initiated only under Section 51 and not under Section 59(i) of the Act, 2006. It is submitted that being the time barred, the impugned complaint as well as impugned order deserves to be quashed.

5. In support of his contention, learned counsel for the applicant has also relied upon the judgement of this Court in the case of Ashok Kumar Pal vs State of U.P. and other (Application U/S 482 No.1700 of 2024) wherein this Court observed that cognizance can be taken by the court under the Act, 2006, after approval under Section 77 of the Act, 2006, up to the period of three years from the date of taking the sample.

6. Per contra, learned AGA has submitted that after the enforcement of Food Safety and Standard Act, 2006, a special provision regarding taking cognizance under the Act, 2006 has been provided under Section 77 of the Act, 2006 which provides that the court will not take cognizance of the offence under this Act after the expiry of the period of one year from the date of commission of offence but for reasons to be recorded by the Commissioner of Food Safety the aforesaid period can be extended up to three years. In such cases when the specific provisio