1.This petition under S.482 of CrPC has been filed for quashing the complaint filed by the Food Safety Officer against the applicant for offences under S.26, S.27 & S.51 of the Food Safety and Standards Act, 2006 (in short 'FSS Act 2006').

2.The necessary facts for the disposal of the present petition in short are that the Food Safety Officer had taken a sample of coriander powder on 15.12.2011 and the said food article was sent for chemical analysis to State Food Testing Laboratory, Bhopal. A report dated 30.12.2011 from the State Food Testing Laboratory, Bhopal was received, according to which, the sample was found to be of sub-standard quality. Accordingly, after completing the formalities, the complaint was filed.

3. It is submitted by the counsel for the applicant that total ash (on dry) in the coriander powder was found 7.5% whereas the standard prescribed is 7% and since the difference is only 0.5%, therefore, there is a possibility of error of judgment in analysis. Thus, prima facie, no case is made out against the applicant warranting his prosecution. It is further submitted by the counsel for the applicant that the State Food Testing Laboratory, Bhopal is not accredited