THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.12710 of 2025

ORDER

1. This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking to quash the proceedings against petitioner/accused No.2 in CC.No.1001 of 2021 on the file of Additional Judicial Magistrate of First Class, Yadadri Bhongir District, At Bhongir, registered for the offences under Sections 3(1) (zz) (viii), 26(2) (i)

of The Food Safety And Standards Act, 2006.

2. Heard Sri Y. Soma Srinath Reddy, learned counsel for the petitioner/accused No.2, as well as Sri Jithender Rao Veeramalla, the learned Additional Public Prosecutor appearing for the respondent No.1-State.

3. Learned counsel for the petitioner submitted that the matter is squarely covered by the order dated 04.04.2022 passed by a Coordinate Bench in Criminal Petition Nos.209 and 224 of 2020.

4. Learned Additional Public Prosecutor also submitted that the issue in the present criminal petition is covered by the earlier order in the above criminal petition.

5. The case of the prosecution is that the accused/proprietor sold unsafe tea powder for human consumption which is in violation of Sections 3(1) (zz) (viii), 26(2) (i) of The Food Safety And Standards Act, 2006. Under Section 77 of Food Safety and Standards 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”. The date of offence in the present case is 24.01.2019 while the complaint is lodged on 14.09.2021 and further no reasons are recorded in writing by the Commissioner of Food Safety to extend the said period of one year. Hence cognizance cannot be taken on the said complaint. The petitioner has relied upon the orders passed by a Coordinate Bench in Criminal Petition Nos.209 and 224 of 2020, wherein the grant of prosecution was way beyond the period of one year as prescribed under Section 77 of Food Safety and Standards Act, 2006 and no reasons explaining the cause of delay were stated which contravene Section 77 of Food Safety and Standards Act. It was further held that the time limit of such limitation can only be extended when justifiable reasons exist and which are recorded in writing. In the absence of the same, the proceedings were quashed. Applying the said analogy to the present case, the proceedings are liable to be quashed. The proceedings against the petitioner/accused No.2 in CC.No.1001 of 2021 on the file of Additional Judicial Magistrate of First Class, Yadadri Bhongir District, At Bhongir, registered for the offences under Section 3(1) (zz) (viii), 26(2) (i) of The Food Safety And Standards Act, 2006, are hereby quashed.

6. In the result, this Criminal Petition is allowed quashing the proceedings against the petitioner/accused No.2 in CC.No.1001 of 2021 on the file of Additional Judicial Magistrate of First Class, Yadadri Bhongir District, At Bhongir. The Magistrate concerned is directed to take steps for release of the seized property.

Pending miscellaneous petitions, if any, in this Criminal Petition shall also stand closed.

____________________________ JUSTICE TIRUMALA DEVI EADA Dt.23.10.2025 ggd Note: Registry is directed to annex the copy of the order dated 04.04.2022 in Criminal Petition Nos.209 and 224 of 2020.