Advocates:
['M/S P GIRIDHARAN', '', 'H SIDDARTH', 'S SANTHOSH', 'DOMINIC SAVIO DAVID', 'M/S C E PRATAP TAKES NOTICE', '', 'CITATION FILED']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

CRL.O.P.NO.17767 OF 2018

&

CRL.M.P.NO.9213 OF 2018

1. Mondelez India Foods Pvt. Ltd.

(Formerly Cadbury India Ltd.)

Unit No.2001, 20^th Floor,

Tower-III (Wing C),

India Bulls Finance Centre,

Parel, Mumbai – 400 013.

2. Arlette Noronha (Product Company Nominee)

Senior Manager (Quality)

Mondelez India Foods Pvt. Ltd.

(Formerly Cadbury India Ltd.)

Unit No.2001, 20^th Floor,

Tower-III (Wing C),

India Bulls Finance Centre,

Parel, Mumbai – 400 013.

... Petitioners

.Vs.

A.Elangovan,

Food Safety Officer,

Code No.528, Tondiarpet Area,

Tamil Nadu Food Safety & Drug

Administration Department,

Office of Designated Officer,

Chennai District,

No.33, West Jones Street,

Saidapet, Chennai – 600 015.

... Respondent

PRAYER:-

Criminal Original Petition filed under Section 482 Cr.P.C.,

to call for the records in C.C.No.3867 of 2017 on the file of

the XV Metropolitan Magistrate, Georgetown, Chennai and quash

the same.

https://hcservices.ecourts.gov.in/hcservices/

For Petitioners : Mr.N.R.Elango

Senior Counsel

For Mr.P.Giridharan

For Respondent : Mr.R.Kishore Kumar,

Government Advocate

(Criminal Side)

O R D E R

This Criminal Original Petition has been filed to quash the

proceedings in C.C.No.3867 of 2017 on the file of the XV

Metropolitan Magistrate, Georgetown, Chennai filed against the

petitioners for the offence punishable under Section 59(1) of

the Food Safety & Standards Act.

2. The crux of the complaint is that one R.Santosh Kumar has

ordered Cadbury Temptation “Almond Treat” through Grofers Online

Shopping. However, he received “Cadbury Temptation rum raisins –

72 gms” instead of Cadbury Temptation “Almond Treat”. When he

opened the chocolate after keeping in the refrigerator for four

days, he found worms in the chocolate. Based on the above, a

complaint was given by the father of the buyer, Ramesh Kumar.

The Food Safety Officer took sample of the Cadbury Temptation

rum raisins – 72 gms and after sealing it properly, it was sent

for analysis report. The report was received on 06.09.2016

indicating that the chocolate contained dead worms which is

unsafe food under Section 3(1)(zz)(ix) of the Food Safety &

Standards Act. Thereafter, he obtained the stock list and the

nominee details. The analysis report was sent to the Grofers

Store on 15.09.2016 and the analysis report is also sent to them

on 20.09.2016. On 10.05.2017, after collecting the manufacturer

details, sanction was accorded on 18.08.2017. Thereafter, a

complaint was filed for the offence under Section 59(1) of the

Food Safety and Standards Act.

3. The learned Counsel for the petitioner submitted that the

mandatory conditions provided under the Food Safety and

Standards Act has not been followed while lifting the sample. As

the alleged chocolate is weighing about 72 gms, there is no

difficulty in making it into four samples as mandated under the

Act which has not been done so. Further, the analysis report has

not been sent to the manufacturer at any point of time.

Therefore, valuable right guaranteed under the statute has been

violated. That apart, prosecution has been launched with an

inordinate delay and no special circumstances existed to show

that sanction to be accord beyond the period of limitation.

Therefore, sought to quash the entire complaint.

https://hcservices.ecourts.gov.in/hcservices/

4. The learned Government Advocate submits that in a special

case, the sample would not be taken in four parts and that

cannot be a reason to quash the proceedings.

5. I perused the entire materials.

6. As rightly pointed out by the learned counsel for the

petitioner the sample was lifted on 24.08.2016 from one Ramesh

and was sent to the Analyst only on 30.08.2016 with a delay of

six days. The analysis report was re