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2025 Supreme(Online)(Ker) 48824
IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. GIRISH, J
D.JAMES DUTHIE, GENERAL MANAGER - OPERATIONS, MANALAROO ESTATE – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 6042 OF 2016 | ST No.194/2016
For the Appellants/Petitioners: SHRI.M.GOPIKRISHNAN NAMBIAR, SHRI.BENNY P. THOMAS (SR.), SHRI.K.JOHN MATHAI, SRI.JOSON MANAVALAN, SRI.KURYAN THOMAS
For the Respondents: SHRI.SANTHAN V. NAIR, SC, FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA, SRI GRASHIOUS KURIAKOSE, ADGP
The court established that prosecution under the Food Safety Act is not tenable when samples were collected prior to specified FSSAI guidelines.
Headnote:This petition seeks to quash criminal proceedings against the accused for alleged violations of the Food Safety and Standards Act, 2006 regarding unsafe tea due to iron fillings. The court finds the prosecution untenable based on FSSAI orders advising against prosecution for samples tested prior to a specified date. The evidence reveals that the sample in question was collected before this date, leading to the conclusion that the prosecution constitutes an abuse of legal process and should be quashed. Order dated 31.10.2025 results in the quashing of proceedings initiated against the petitioners.
| Table of Content |
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| 1. quashing of proceedings based on improper prosecution under food act. (Para 1 , 2) |
| 2. evidence and timing of sample collection leads to an abuse of the legal process. (Para 3 , 4) |
ORDER
This petition has been filed by the accused Nos.3 and 4 in ST No.194/2016 on the files of the Judicial First Class Magistrate Court V, Kochi, to quash the proceedings in the said case. The aforesaid case arose out of a complaint filed by the Food Safety Officer, Kochi Circle, alleging that the samples of tea taken from the establishment of the accused, upon analysis, found iron fillings to an extent of not less than 3492.0 mg, and hence it was unsafe under Sections 3 (1)(zz)(iii) & 3(1)(zz)(xi) of Food Safety and Standards Act, 2006 .
2. The maintainability of the prosecution has been challenged stating the reason that, as per the order issued by the Food Safety and Standards Authority of India, on 02.11.2017, all the States and Union Territories were directed to refrain from launching prosecution for non-conformance of limit of iron fillings in tea in cases where the samples were picked up/tested prior to 19.05.2016. The aforesaid order of the Food Safety and Standards Authority of India reads as follows:
“The matter has been examined in FSSAI. It is felt that till a reliable method of assessment/testing of iron fillings in Tea is finalized, it would not be appropriate to launch prosecutions for non-conformance nor is it proper to pursue or continue with the prosecutions launched under PFA Act/FSS Act prior to issue of FSSAI’s Order dated 19.05.2016. Commissioners of Food Safety, All States/UTs are, therefore, directed not to launch prosecutions for non-conformance of limit of iron fillings for cases where samples were picked up/tested prior to 19.05.2016. They are also advised to withdraw all such prosecutions launched prior to 19.05.2016 either under FSS Act, 2006 or PFA Act, 1954.”
3. As far as the present case is concerned, the samples of tea were collected by the Food Safety Officer on 30.10.2014. As per the Certificate of Analysis from the Food laboratory, the aforesaid samples were analysed on 19.01.2015 and completed on 19.03.2015. As per the aforesaid analysis report, the sample was found to be unsafe for the reason that it contained iron fillings exceeding the prescribed limit.
4. The aforesaid facts and circumstances of the case would reveal that this is a case in which the directions of the Food Safety and Standards Authority of India, as per the order dated 02.11.2017, to refrain from launching prosecution, are squarely applicable. Therefore, the continuance of the criminal prosecution in the aforesaid case would amount to an abuse of process of law. That being so, the prayer of the petitioners to quash the proceedings in the said case deserves to be allowed.
In the result, the petition stands allowed. The proceedings initiated by the Judicial First Class Magistrate Court V, Kochi, in ST No.194/2016 on the basis of the complaint filed by the Food Safety Officer, Kochi Circle, are hereby quashed.
