ORDER

This petition has been filed to quash the proceedings in S.T.C.No.230 of 2020 on the file of the Judicial Magistrate No.VI, Coimbatore, thereby taken cognizance for the offences punishable under Section 59(i) of the Food Safety and Standards Act, 2006 (herein after called as “the FSS Act”) as against the petitioner.

2. The respondent filed complaint under Section 190(1)(A) and

200 of Cr.P.C., for the offences under Section 59(i) of the Food Safety and Standard Act as against the petitioner and others. The crux of the complaint is that on 31.08.2019, the respondent inspected the petitioner hotel situated at 282/1A, Sree Dksha's Sanshray, Thoondamuthoor Main Road, Vadavalli, Coimbatore, and purchased 1 Kg of Chilly Chicken which was ready for consumption for the public. The respondent had sent those sample on the very same date i.e., on 31.08.2019, to the Food Analysis laboratory at Madurai.

3. The food analyst sent report dated 18.09.2019 and opined that the sample is unsafe under Section 3(1)(zz) of the FSS Act, since it contains added colouring matter sunset yellow, the addition of which is not permitted under the Food Safety and Standards Rules 2011. The first accused is the General Manager of the hotel and the second accused is the owner of the hotel, who are responsible for the production of unsafe food for public. On production of report from the food analysis, the respondent occurred sanction to initiate prosecution as against the accused persons. On receipt of the sanction, the complaint was filed on 08.01.2020, and the same has been taken cognizance in S.T.C.No.230 of

2020 on the file of the learned Judicial Magistrate No.VI, Coimbatore.

4. The learned counsel appearing for the petitioner submitted that the complaint itself vitiated on the ground that it is in violation of Section 42(2) of the FSS Act. According to said Section, the food analyst shall analyse and send the analysis report within a period of 14 days from the date of receipt of sample from the respondent. In the case on hand, the respondent sent the sample on 31.08.2019 whereas the food analysis report was given on 18.09.2019 which is much after 14 days. He further submitted that the samples containing added colouring matter sunset yellow is not all an offence under Section 3(1)(zz) of the FSS Act. As per the table 8 of Appendix A column, for processed meat and poultry products, the contain of sunset yellow FCF level is 100 mg/kg. Whereas in the case on hand sunset yellow colour content is only 26.66 mg/kg.

Therefore no offence is made out as against the petitioner.

4.1. He further submitted that as far as the prepared food is concerned the minimum quantity of sample which has to be sent to food analyst is not less than 500 grams. Whereas in the case on hand, the respondent purchased 1 Kg of chilly chicken and divided into four samples and one sample was sent to food analyst for analyzing the same. Therefore, the respondent failed to follow the mandatory provisions and the entire proceeding is liable to be quashed. Hence, he prayed for quashment of the entire proceedings.

5. The learned Government Advocate (Crl. Side) appearing for the respondent submitted that as far as the first ground is concerned, as per the provisions of 46 (3)(ii) of the FSS Act, the food analyst has to send request for extension of time. Accordingly, the food analyst had sent request dated 10.09.2019 to the designated officer and the Commissioner of Food Safety, thereby requested for extension of time of 600 days time and due to lack of manpower and sudden influx of large number of samples.

5.1. He further submitted that the sample which was sent for analysis is unsafe under Section 3(1)(zz) of the FSS Act, since it contains added colouring matter sunset yellow, which is not permitted under food category system 16.0 of Appendix 'A' of Food Products Standards and Food Additives Regulation, 2011 and it is punishable under Section 3(1)(zz) of the FSS Act. Therefore, the respondent righ