Back
HIGH COURT OF KERALA
P.V.KUNHIKRISHNAN, J
PAILY T.K, – Appellant
Versus
STATE OF KERALA, – Respondent
Crl.MC 6908 2023
Quash - Criminal Proceedings - Food Safety and Standards Act - Secs. 43, 59 (I) - The court quashed proceedings due to non-accreditation of the testing laboratory, ruling that the prosecution could not stand on unvalidated evidence.
Fact of the Case:
The petitioner sought to quash proceedings due to allegations made under the Food Safety and Standards Act, based on a report from a non-accredited laboratory.
Finding of the Court:
The court found that since the laboratory was not NABL accredited and not notified by the Food Safety Authority, the evidence could not support the prosecution's case.
Issues: Whether the report from a non-accredited laboratory is sufficient to sustain criminal prosecution under the Food Safety and Standards Act.
Ratio Decidendi: A prosecution based on unvalidated evidence from a non-accredited laboratory cannot be justified under the Food Safety and Standards Act.
Final Decision: The court allowed the petition and quashed all further proceedings against the petitioner.
O R D E R
The above case is filed to quash the proceedings in CC No.
213/2021 on the file of the Judicial First Class Magistrate Court- II, Cherthala. 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.
2. It is conceded by the Deputy Director General of Prosecution that as on that date, the Microbiology Department of the Government Analyst Laboratory, Thiruvananthapuram is not an accredited lab by NABL as per Sec. 43 of the Food Safety and Standards Act , 2006 and it is also not notified by the Food Safety and Standards Authority of India. If that is the case, I am of the considered opinion that based on such a report, the prosecution will not stand.
Therefore, this Crl.M.C. is allowed. All further proceedings against the petitioner in CC No. 212/2021 on the file of the Judicial First Class Magistrate Court-II, Cherthala are quashed.
Sd/-
P.V.KUNHIKRISHNAN JUDGE
06-1988 Annexure AII A TRUE COPY OF THE RENEWED LICENCE DATED
27.3.2023 ISSUED IN FAVOUR OF THE PETITIONER'S COMPANY Annexure AIII A TRUE COPY OF THE RENEWED CERTIFICATE OF REGISTRATION AS AN EXPORTER, ISSUED BY THE DEPUTY DIRECTOR, THE MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITY DATED
20.6.2023 Annexure AIV A TRUE COPY OF THE COMMUNICATION NO.B1-
5364/18/CFS (1)ISSUED BY THE COMMISSIONER OF FOOD SAFETY, KERALA TO THE ASSISTANT COMMISSIONER OF FOOD SAFETY, ALAPPUZHA, DATED 29-06-2018 Annexure AV A TRUE COPY OF THE MAHAZER PREPARED BY THE
2ND RESPONDENT DATED 30-06-2018 Annexure AVI A TRUE COPY OF THE ENDORSEMENT OF TAKING AWAY 2 KG PRAWNS FROM THE REFRIGERATOR TO THE VEHICLE, DATED 30-06-2018 Annexure AVII A TRUE COPY OF THE COMPLAINT FILED BY THE
1ST RESPONDENT AND NUMBERED AS C.C.NO.213/2021 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE - II, CHERTHALA Annexure AVIII A TRUE COPY OF THE E-WAY BILL DATED
25.6.2018-30.6.2018 IN RESPECT OF THE VEHICLE BEARING NO. KA20-B6187 Annexure AIX A TRUE COPY OF THE REPORT NO.90/2018-19 DATED 09.08.2018 SUBMITTED BY THE FOOD ANALYSIST, GOVERNMENT ANALYSISTS LABORATORY, THIRUVANANTHAPURAM
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
