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2023 Supreme(Online)(KER) 30862
HIGH COURT OF KERALA
P. G. Ajithkumar, J
K V RAJAN – Appellant
Versus
FOOD SAFETY OFFICER – Respondent
Crl.MC 8522 2017
N.A.MURALEEDHARAN, SRI.GRASHIOUS KURIAKOSE, ADDL.DIRECTOR GENERAL OF PROSECUTION
Only reports from NABL accredited laboratories are admissible in prosecution under the Food Safety and Standards Act.
Headnote:
Accreditation - Food Safety - Food Safety and Standards Act, 2006 - Sec. 43; Sec. 46(4) - The court quashed proceedings against the petitioners due to lack of NABL accreditation of the testing labs, emphasizing only accredited labs can substantiate prosecution under the Food Safety Act.
Fact of the Case:
The cases involved challenges to the prosecution based on food sample reports tested in laboratories that lacked NABL accreditation.
Finding of the Court:
The court found that the absence of NABL accreditation for the labs was fatal to the prosecution's case, as the samples could not be deemed valid for legal proceedings.
Issues: Whether the complaints based on reports from labs without NABL accreditation can sustain prosecution under the Food Safety and Standards Act.
Ratio Decidendi: Reports from labs that are not NABL accredited cannot be used as evidence in prosecution under the Food Safety Act, thus any proceedings based on such reports must be quashed.
Final Decision: All further proceedings against the petitioners in the respective criminal miscellaneous cases are quashed.
ORDER
These Criminal Miscellaneous Cases are connected and therefore I am disposing of these cases by a common order.
2. The common point raised in these cases is that the labs in which the samples were tested in these cases did not have NABL accreditation. The complaints in these cases are filed based on a report submitted by the Food Analyst.
3. It is conceded by the Assistant Director General of Prosecution that as on that date, the labs in which the samples were tested in these cases were not accredited labs by NABL as per Sec. 43 of the Food Safety and Standards Act, 2006 and were also not notified by the Food Safety and Standards Authority of India. If that be the case, I am of the considered opinion that based on such a report, the prosecution will not stand.
Therefore, these Criminal Miscellaneous Cases are allowed in the following manner:
i) In Crl.M.C.No.6006/2019, all further proceedings against the petitioner in S.T. No. 2001/2016 on the file of the Chief Judicial Magistrate Court, Thrissur are quashed.
ii) In Crl.M.C.No.4022/2018, all further proceedings against the petitioners in S.T. No. 29/2016 on the file of the Judicial First Class Magistrate Court, Adoor are quashed.
iii) In Crl.M.C.No.5993/2019, all further proceedings against the petitioner in C.C. No. 935/2015 on the file of the Judicial First Class Magistrate Court-I, Kothamangalam are quashed.
iv) In Crl.M.C.No.5860/2017, all further proceedings against the petitioners in S.T. No. 1033/2016 on the file of the Judicial First Class Magistrate Court, Vatakara are quashed.
v) In Crl.M.C.No.1566/2018, all further proceedings against the petitioners in S.T. No. 1033/2016 on the file of the Judicial First Class Magistrate Court, Vatakara are quashed.
vi) In Crl.M.C.No.8522/2017, all further proceedings against the petitioners in S.T. No. 118/2016 on the file of the Chief Judicial Magistrate Court, Muttom, Thodupuzha are quashed.
Sd/-
P.V.KUNHIKRISHNAN JUDGE
ANNEXURE A2 CERTIFIED COPY OF REPORT OF THE FOOD ANALYST.
ANNEXURE A3 TRUE PHOTOCOPY OF THE LETTER SENT TO ACCUSED NOS. 1 TO 3 UNDER SECTION
46(4) OF F.S.S.ACT.
ANNEXURE A4 CERTIFIED COPY OF THE SANCTION ORDER OF THE SANCTION ORDER OF THE FOOD SAFETY COMMISSIONER.
APPENDIX OF CRL.MC 4022/2018 PETITIONER ANNEXURES ANNEXURE A1 CERTIFIED COPY OF THE COMPLAINT IN S.T NO.29/2016 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, ADOOR.
ANNEXURE A2 CERTIFIED COPY OF THE FORM B REPORT NO.136/2014-15 DATED 20.1.2015 OF THE FOODS ANALYST.
ANNEXURE A3 CERTIFIED COPY OF THE SANCTION ORDER OF THE COMMISSIONER OF FOOD SAFETY, KERALA THIRUVANANTHAPURAM VIDE NO.DE/4583/15/CFS DATED 07.12.2015.
APPENDIX OF CRL.MC 5860/2017 PETITIONER ANNEXURES ANNEXURE A1- CERTIFIED OF COMPLAINT IN S.T.NO.1033/2016 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, VATAKARA.
ANNEXURE AII- CERTIFIED COPY OF REPORT OF THE FOOD ANALYST.
ANNEXURE AIII- CERTIFIED COPY OF THE SANCTION ORDER OF THE FOOD SAFETY COMMISSIONER.
ANNEXURE AIV- TRUE PHOTOCOPY OF THE LETTER SENT TO ACCUSED NOS.1 TO 3 UNDER SECTION 46(4)
OF F.S.S.ACT.
APPENDIX OF CRL.MC 8522/2017 PETITIONER ANNEXURES ANNEXURE A1 CERTIFIED COPY OF THE COMPLAINT IN S.T.NO.118/2016 OF THE CHIEF JUDICIAL MAGISTRATE COURT, MUTTOM, THODUPUZHA.
ANNEXURE A2 CERTIFIED COPY OF FORM B REPORT NO.22/2015-16 DATED 3.7.2015 OF THE FOOD ANALYST.
ANNEXURE A3 TRUE COPY OF THE SANCTION ORDER OF THE COMMISSIONER OF FOOD SAFETY, KERALA, THIRUVANANTHAPURAM VIDE NO.DE/5163/15/CFS DATED 29.12.2015.
ANNEXURE A3(A) LEGIBLE TYPED COPY OF THE ANNEXURE A-3 SANCTION ORDER.
ANNEXURE A4 TRUE PHOTOCOPY OF INVOICE NO.000023 DATED 01.06.2014 OF SAARTHI ENTERPRISES TO HARISREE TRADING COMPANY, MARKET ROAD, THODUPUZHA.
ANNEXURE A5 TRUE PHOTOCOPY OF CASH BILL DATED
2.5.2015 OF HARISREE TRADING COMPANY TRANSFERRING 100 KGMS. OF CUMIN SEEDS TO FRIENDS TRADERS, THODUPUZHA.
APPENDIX OF CRL.MC 5993/2
