A company must be arrayed as a party to prosecute a nominee for offences under the relevant food safety legislation. Proceedings are unsustainable if the company is not impleaded, sanction is improperly obtained, or the testing laboratory lacks mandatory accreditation and notification.

Sandeep Sharma, J.

1. Since common questions of facts and law are involved in both the above captioned cases, this Court after having clubbed the same, heard them together and are now being disposed of vide common judgment.

2. By way of above-captioned petitions filed under Section 482 Cr.P.C., prayer has been made on behalf of the petitioners for quashing of complaint cases bearing No.03/2016 & 02/2016 dated 16.03.2016, impugned orders dated 17.03.2017 & 23.04.2016 taking cognizance and orders dated 03.01.2018 & 06.04.2018 framing notice and consequent proceedings in cases, both titled as Sate of H.P. Vs. Raghu Vakkiyal, registered under Section 59(1) of the Food Safety and Standards Act, 2006 (for short, ‘FSS Act’).

3. Precisely, the facts of the case, as emerge from the pleadings as well as other material adduced on record by the respective parties are that Mr. Satish Thakur, Food Safety Officer, District Una, Himachal Pradesh, (complainant herein), inspected the premises of M/s Nestle India Pvt. Ltd. VPO Nangal Kalan, Tehliwal, Industrial Area, Tehsil Haroli, District Una, Himachal Pradesh, wherein he found that petitioner was conducting the business of manufacturing and selling of food articles inter alia Maggi Noodles etc. meant for human consumption. After disclosure of identity, complainant served a notice to the petitioner declaring his intention to take samples of Maggi Noodles with its taste maker for the purpose of analysis and purchased four packets of 140 grams each as sample for analysis and thereafter, after having labeled and properly wrapped afore samples into thick papers, a paper seal was issued and signed by the designated officer. Signatures of the petitioner were taken on the labels as well as paper slip. Each packet was properly tied with strong thread and sealed with sealing wax and seal impression was put on each packet. One part of the sample along with memo in Form VI was sent to the Food Analyst, International Testing Centre (ITC), Industrial Area, Phase-I, Panchkula, Haryana, for analysis, whereas three remaining parts along with two copies of Form VI were deposited in the office of the designated officer in a sealed packet for record.

4. On analysis, Food Analyst found samples of Maggi Noddles to be unsafe for human consumption vide reports No.F-06U1815 dated 13.06.2015/F-06U2715 dated 13.06.2015, which was received by the complainant from the office of Designated Officer, District Shimla. Food Analyst specifically opined in its report that the sample/food product does not conform to the norms as per the Food Safety and Standards Authority of India (for short, ‘FSSAI’) with respect to the test at Sr. No.1 i.e. lead content exceeds the prescribed maximum limit of 2.5 ppm and on the basis of same, declared the sample product “Maggi Noodle with its taste maker” unsafe for human consumption.

5. Taking note of afore report submitted by Food Analyst, on 28.01.2016, Chief Medical Officer, Una, in exercise of powers under Section 30(2)(e) read with Section 42(4)(a) of the FSS Act ,while according sanction to launch prosecution against the petitioner in both the cases, further directed Food Safety Officer, i.e. complainant, to file complaint against the same. In the afore background, complaint against the present petitioner came to be filed in the Court of learned Chief Judicial Magistrate, Una, Annexure-A, which