Order

ORDER PRONOUNCED ON ::: 01/07/2024 ORDER RESERVED ON ::: 23/02/2024 BY THE COURT:-

1. A complaint came to be filed against the petitioners for the prosecution under Section 26 Sub-clause 2 (i) of the Food Safety and Standards Act, 2006 and the Rules of 2011.

2. Briefly stated, the facts of the case are that on 21-09-2012, a sudden inspection was made by the Food & Safety Inspector at the shop of the petitioner No.1, who was running a shop in the name and style of ‘Sai Baba Paan Center, Sirohi”. Upon suspicion of adulteration/misbranding, specimen sample was purchased from the shop and in due process, the same was sent to the office of the Food Analyst, Jodhpur. As per the report dated 11-10-2012 issued by the Food Analyst, Jodhpur the sample was found unsafe and misbranded. Upon grievance shown by the petitioners, an appeal was preferred. The report of referral also verified the fact of sample being unsafe, whereafter due process was adopted. In the meantime, the prescribed limit for filing the complaint got expired and, therefore, the Chief Medical and Health Officer (CMHO), Sirohi moved an application to the Commissioner, Food and Safety, Sirohi for extension of the period for launching the prosecution. The Commissioner, Food and Safety, Sirohi vide its order dated 25-03-2014 passed an order whereby the complainant was allowed to move the complaint before 30-06-2014. The complaint in this matter came to be submitted on 24-06-2014, thus the same was filed well within the approved date of launching the prosecution.

Section 77 of the FSSA Act reads as under.

77. Time limit for prosecutions.-

Notwithstanding anything contained in this Act, no court shall take cognizance of an offence under this Act after the expiry of the period of one year from the date of commission of an offence:Provided that the Commissioner of Food Safety may, for reasons to be recorded in writing, approve prosecution within an extended period of up to three years.

A plain reading of the provision makes it abundantly clear that the ordinary period of taking cognizance of any offence under this Act is one year from the date of commission of the offence, but as per the proviso, the Commissioner of Food and Safety may, for reasons to be recorded in writing, approve prosecution within an extended period of up to three years. The complaint had been submitted in this matter within the approved period thus prima facie no case is made out for quashing of the entire proceeding on the ground of limitation alone.

3. Accordingly, there is no force in the instant miscellaneous petition. The same deserves to be and is hereby dismissed.

(FARJAND ALI),J Mamta/-

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