ORDER

This Petition is filed under Section 482 of Criminal Procedure Code, to quash the criminal complaint initiated against the petitioners under the Food Safety and Standards Act, 2006 [hereinafter referred to as ''the FSSA''].

2.The content of the complaint initiated by the Food Safety Officer, which is sought to be quashed in this Petition, reads as below:-

On 31.03.2014 at 08.00 a.m., an information was received over phone from one Manokaran informing that adulterated food products are sold in M/s.Sri Haarini Traders, Vairavikulam. The said information was reduced into writing and was forwarded to the District Designated Officer. After obtaining permission from him, the premises of Sri Haarini Traders was inspected on 31.03.2014 at 02.00 p.m. In the presence of witnesses, ''Aachi Fish Fry Masala Powder'' pockets were seized under the Mahazar for test. Sample drawn from the seized pockets was sent to Food Laboratory, Palayamkottai, on 01.04.2014. The Lab Report, dated 08.04.2014, received by the Designated Officer indicating that the sample conforms the standards prescribed under the FSSA. Not being satisfied with the report of the State Laboratory, as per Rule 2.4.3 of the Food Safety and Standards Rules, 2011, the Designated Officer after serving a copy of the State Laboratory Report to the Manufacturer and Marketers of the Product, had forwarded second sample to the Central Laboratory at Kolkata. The report of the Central Laboratory, dated 07.06.2015, indicated that the sample does not conform to the standard laid down under the Regulation and it contains ''Monosodium Glutamate [MSG]'' as an ingredient, which is a prohibited substance under the FSSA. Thereafter, after obtaining sanction to prosecute, the complaint has been lodged against the petitioners herein for the offences under Sections 51 and 59(1) read with Sections 24, 26(1), 26(2)(i)(ii)(v), 27(1), 27(2)(c)(e) and 27(3)(e) of the FSSA.

2.1. According to the complaint, the first accused is the retailer, who had stocked the adulterated food product for sales; the second accused is the Distributor of the Product; the sixth accused M/s.Aachi Masala Foods (P) Ltd. is the Marketer of the Product and A3 to A5 are its Directors; and the 9th accused M/s.Nazareth Foods (P) Ltd. is the Company, which manufactured the Product and it is represented by its Directors A7 and A8. Thus, A1 to A9 have committed the offences under the FSSA. The learned Judicial Magistrate, Ambasamudram, has taken cognizance of the complaint and taken the complaint on file in C.C.No. 141 of 2017. The said complaint is now sought to be quashed by Accused Nos.3 to 9, namely, the Manufacture and its Directors, the Marketer and its Directors.

3.The grounds raised to quash the complaint are:-

The State Laboratory has rightly concluded that Fish Fry Masala Powder manufactured and marketed by them is a proprietary food, which has not been standardised under the Regulation, contrarily the Central Laboratory analysed the sample as Curry Powder, without assigning any reason how the sample falls under the classification of Curry Powder. The Central Laboratory tested the sample as Curry Powder instead as proprietary food and thereby, concluded erroneously that the sample contains 'Monosodium Glutamate' and it is substandard and unsafe.

4.As per Regulation 3.1.11 of the Food Safety and Standards [Food Products Standards and Food Additives] Regulations, 2011, Monosodium Glutamate [MSG] may be added to foods not meant for infants below twelve months. Monosodium Glutamate is a flavour enhancer, subject to Good Manufacturing Practices [GMP] level. It can be added in proprietary food under proper label declaration, except in food products, which are specifically prohibited. The petitioners have complied the said requirements. Therefore, the complaint is liable to be quashed.

5.Further, the complaint is barred by limitation in view of Section 77 of the FSSA. The prosecution ought not to have launched after lapse of one year