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HIGH COURT OF KERALA
P.V.KUNHIKRISHNAN, J
PAILY T.K, – Appellant
Versus
STATE OF KERALA, – Respondent
Crl.MC 6808 2023
Food Safety - Quashing of Complaint - Food Safety and Standards Act - Sections 43, 59(i) - The court quashed a complaint due to reliance on a non-accredited lab report, establishing that prosecution could not stand without proper accreditation.
Fact of the Case:
A complaint was filed alleging offences under the Food Safety and Standards Act, based on a report from a laboratory that was not accredited by the food safety authority as required by law.
Finding of the Court:
The court found that the Government Analyst Laboratory was not notified or accredited, making the prosecution unsustainable based solely on its report.
Issues: Whether the complaint could be sustained based on a report from a non-accredited laboratory.
Ratio Decidendi: Prosecution relies on accredited laboratory reports as mandated by the Food Safety and Standards Act, and non-compliance invalidates the proceedings.
Final Decision: The Criminal Miscellaneous case is allowed, quashing all further proceedings against the petitioners.
O R D E R
The above case is filed to quash Annexure-AVII complaint pending before Judicial First Class Magistrate Court-II, Cherthala as CC No. 212/2021.
2. The above case is filed by the 2nd respondent alleging offences punishable under Secs. 59(i) of the Food Safety and Standards Act . The complaint is filed based on a report submitted by the Government Analyst Laboratory, Thiruvananthapuram. It is conceded by the Deputy Director General of Prosecution that, as on that date, the Government Analyst Laboratory, Thiruvananthapuram is not notified by the food safety authority and it is not an accredited lab by NABL as per Section 43 of the . If that is the case, the entire prosecution based on Annexure AIX is unsustainable. Therefore, this Crl.MC is to be allowed for the short point that the prosecution will not stand based on Annexure AIX lab report.
Therefore, this Criminal Miscellaneous case is allowed. All further proceedings against the petitioners in CC No.212/2021 on the files of the Judicial First Class Magistrate Court-II, Cherthala are quashed.
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