Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Grounds for Quashing FSSAI Complaint - Main Points and Insights
Lack of Limitation Compliance: Several judgments emphasize that complaints under the FSSAI Act are barred if filed beyond the statutory limitation period of one year from the date of the offence. For instance, ["Gujarat Cooperative Milk Marketing Federation Ltd. (Through Its AR Sh. Vikas Guleria) vs State Of NCT Delhi - 2025 0 Supreme(Del) 556"] notes that the complaint filed after the expiry of this period is liable to be quashed, as seen in the case where samples were lifted on 07.03.2019 but the complaint was filed on 05.09.2020, exceeding the limit ["Gujarat Cooperative Milk Marketing Federation Ltd. (Through Its AR Sh. Vikas Guleria) vs State Of NCT Delhi - 2025 0 Supreme(Del) 556"]. Similarly, ["RAJIV SUBRAMANIAN vs STATE REP BY - Madras"] and ["Silver Drop Food and Beverages. Ltd. (M/S) VS State of Assam - Gauhati"] highlight that the delay in lodging complaints beyond the prescribed period warrants quashing proceedings.
Insufficient Particulars and Role of Authorities: Courts may quash complaints if they lack specific details about the role of the accused or if the complaint is vague. ["KUM KUM ROY CHAUDHARY D/O LATE SC ROY VS STATE OF GUJARAT - Gujarat"] states that the High Court may, despite the presence of the basic averment, quash the complaint because of the absence of more particulars about role of the Director in the complaint. The specificity of allegations is crucial for maintaining the validity of proceedings.
Nature of the Food and Definition of 'Unsafe Food': The FSSAI Act defines 'unsafe food' as that which is injurious to health ["KUM KUM ROY CHAUDHARY D/O LATE SC ROY VS STATE OF GUJARAT - Gujarat"]. If analysis reports or evidence establish that the food is 'unsafe' or 'deleterious,' the complaint is likely to be upheld, unless procedural or jurisdictional issues arise.
Procedural and Jurisdictional Grounds: The Supreme Court has held that FIRs or complaints filed by unauthorized entities or without proper authority are liable to be quashed ["Thangaraj @ Thangarasu VS State, Rep. by the Inspector of Police, Namakkal - Madras"]. Additionally, if the investigation or complaint process violates statutory procedures, such as improper sampling or analysis, courts may quash proceedings.
Scope of Judicial Review under Section 482 Cr.P.C.: Courts exercise limited review, primarily focusing on procedural irregularities, jurisdiction, and limitation. They generally do not assess the correctness of factual findings unless gross illegality or violation of statutory provisions is evident ["KUM KUM ROY CHAUDHARY D/O LATE SC ROY VS STATE OF GUJARAT - Gujarat"], ["Silver Drop Food and Beverages. Ltd. (M/S) VS State of Assam - Gauhati"].
Analysis and Conclusion
The primary grounds for quashing complaints under the FSSAI Act before the Supreme Court include violations of the limitation period, lack of specific allegations regarding the accused's role, procedural lapses in sampling or analysis, and jurisdictional issues. The courts recognize the importance of adhering to statutory timelines and procedural correctness, especially given the nature of the offence involving public health. When these conditions are not met, or if the complaint is filed after the prescribed limitation, courts tend to quash the proceedings to prevent abuse of process and uphold principles of justice ["Gujarat Cooperative Milk Marketing Federation Ltd. (Through Its AR Sh. Vikas Guleria) vs State Of NCT Delhi - 2025 0 Supreme(Del) 556"], ["RAJIV SUBRAMANIAN vs STATE REP BY - Madras"].
Overall, the quashment of FIRs or complaints under the FSSAI Act hinges on procedural compliance, timely filing, and clear allegations linking the accused to the offence of selling or manufacturing unsafe food ["KUM KUM ROY CHAUDHARY D/O LATE SC ROY VS STATE OF GUJARAT - Gujarat"], ["Thangaraj @ Thangarasu VS State, Rep. by the Inspector of Police, Namakkal - Madras"]. The Supreme Court’s approach underscores safeguarding the rights of accused while ensuring public health issues are addressed within the framework of law.
References:
In the food industry, facing a First Information Report (FIR) under the Food Safety and Standards Act, 2006 (FSSAI Act) for alleged unsafe food can be daunting for business owners. A common query arises: What are the grounds for quashing an FIR for a complaint filed under the FSSAI Act for unsafe food, as per the Supreme Court of India? This post explores these grounds, drawing from key judicial precedents, to help you understand potential defenses. Note that this is general information and not specific legal advice—consult a qualified lawyer for your case.
The Supreme Court has consistently emphasized strict adherence to procedural safeguards in FSSAI prosecutions. Violations like unsafe food under Section 59 are serious, but lapses in filing timelines, testing protocols, or sample handling can render the FIR quashable under Section 482 of the CrPC. Let's break down the primary grounds.
One of the strongest grounds is when the complaint is filed beyond the prescribed limitation period. Section 77 of the FSSAI Act mandates that complaints must be filed within one year from the date of the offence. The Supreme Court has held that failure to comply renders the complaint liable to be quashed. For instance, in a key ruling, the complaint is barred under Section 77 of FSSAI, 2006 for being filed beyond one year from the date of the offence Gujarat Cooperative Milk Marketing Federation Ltd. (Through Its AR Sh. Vikas Guleria) vs State Of NCT Delhi - 2025 0 Supreme(Del) 556.
This procedural requirement is mandatory, and courts will not entertain delayed filings without justification. Businesses can challenge the FIR at the outset if the timeline is exceeded, preventing protracted trials.
Food sample testing must occur in accredited labs or follow FSSAI-approved scientific methods. The Court has clarified that testing should ideally be done in NABL-accredited labs or those approved by FSSAI Swami Achyutanand Tirth VS Union of India - 2016 6 Supreme 172. If analysis happens in unaccredited facilities, the evidence lacks validity, providing a solid quashing ground.
Supporting this, notifications under the FSSAI Act highlight the role of recognized labs. In railway catering contexts, the Court noted FSSAI's notifications for accredited labs under Sections 36, 37, and others Jagjit Singh VS Union of India - 2018 Supreme(Del) 248. Non-compliance undermines the prosecution's scientific foundation.
Proper sample collection, preservation, and chain of custody are non-negotiable. The Supreme Court stresses that failure to follow prescribed procedures can invalidate the evidence Swami Achyutanand Tirth VS Union of India - 2016 6 Supreme 172Ram Nath VS State of Uttar Pradesh - 2024 2 Supreme 566. Broken protocols, like improper documentation or unsealed samples, allow for quashment.
High Courts echo this: Proceedings were quashed where samples predated FSSAI guidelines, as prosecution under the Food Safety Act is not tenable when samples were collected prior to specified FSSAI guidelines D.JAMES DUTHIE, GENERAL MANAGER - OPERATIONS, MANALAROO ESTATE vs STATE OF KERALA - 2025 Supreme(Online)(Ker) 48824. Similarly, in cases without fixed standards at sampling time, summoning orders were set aside since no standards was fixed for ‘Frozen Dessert’ under Act and Rules at time when sample was collected and analyzed HINDUSTAN UNILEVER LTD. , MUMBAI VS STATE OF Uttar Pradesh - 2018 Supreme(All) 271.
Unsafe food is defined under Section 2(zz) as injurious to health or containing deleterious substances, like unwholesome or physically harmful items ALEXPANDIYAN vs STATE REP BY - 2023 Supreme(Online)(MAD) 21010. Prosecutions under Section 59 for manufacture, sale, or distribution require robust evidence. Courts demand FSSAI-approved methods, and deviations—such as unaccredited tests—weakens the case.
In one instance, a petition quashed proceedings for unsafe tea due to iron filings, relying on FSSAI orders against prosecuting pre-guideline samples D.JAMES DUTHIE, GENERAL MANAGER - OPERATIONS, MANALAROO ESTATE vs STATE OF KERALA - 2025 Supreme(Online)(Ker) 48824. This illustrates how regulatory circulars can bar prosecution.
Broader jurisprudence reinforces these grounds. Under the Prevention of Food Adulteration Act (precursor to FSSAI), detailed protocols for testing were mandatory, a principle carried forward Mukesh Kumar VS State of Bihar - 2022 Supreme(Pat) 833. In Bihar, an FIR for minor alcohol excess in non-alcoholic drinks was quashed due to conflicting reports and lack of intent, noting a minor infraction would not make a non-alcoholic beverage an alcoholic drink Mukesh Kumar VS State of Bihar - 2022 Supreme(Pat) 833.
IPC-linked FSSAI cases, like misuse of FSSAI numbers, resist quashing if specific allegations against directors exist Sanjay Kumar Gupta VS State of Bihar - 2022 Supreme(Pat) 785. However, if FIRs lack prima facie offences or abuse process, courts intervene.
Railways' implementation of FSSAI shows systemic efforts: notifications for Food Safety Officers and labs under Sections 37, 43-45 Jagjit Singh VS Union of India - 2018 Supreme(Del) 248. Petitions for better compliance were disposed after verifying steps taken, underscoring procedural rigor.
Not every irregularity leads to quashment. If filed timely with substantial compliance—like accredited testing and proper samples—courts uphold proceedings. The Supreme Court balances public health against fair trial rights, quashing only clear abuses.
To defend against or avoid FSSAI FIRs:- Monitor timelines: Ensure any counter-complaints or defenses note the one-year limit Gujarat Cooperative Milk Marketing Federation Ltd. (Through Its AR Sh. Vikas Guleria) vs State Of NCT Delhi - 2025 0 Supreme(Del) 556.- Use accredited labs: Test in NABL/FSSAI-approved facilities Swami Achyutanand Tirth VS Union of India - 2016 6 Supreme 172.- Document rigorously: Follow sample rules under FSSAI regulations Swami Achyutanand Tirth VS Union of India - 2016 6 Supreme 172Ram Nath VS State of Uttar Pradesh - 2024 2 Supreme 566.- Stay updated: Track guidelines; pre-guideline samples may be challengeable D.JAMES DUTHIE, GENERAL MANAGER - OPERATIONS, MANALAROO ESTATE vs STATE OF KERALA - 2025 Supreme(Online)(Ker) 48824.- Seek early intervention: File quashing petitions under CrPC Section 482 if grounds exist.
This analysis draws from judicial wisdom to empower informed decisions. For tailored advice, engage legal experts familiar with FSSAI litigation. Stay compliant, and safeguard your operations.
Disclaimer: This post provides general insights based on public judgments and is not legal advice. Laws evolve; verify with professionals.
#FSSAI, #QuashFIR, #FoodSafetyLaw
Pending in the Court of learned Chief Judicial Magistrate at Junagadh district which is filed under Sections 3 (1)(zz)(1) 26(5), 27(2)(c) and 59(1) of the Food Safety and Standards Act, 2006 (`FSSAI Act for short) and the summoning order dated 28.7.2015 passed in the same. ... 34.2 If a petition is filed under Section 482 of the Code for quashing of such a complaint by the Director, the High Court may, in the facts of a particula....
![Mumbai Jivdaya Mandali, [The Bombay Humaniterian Legue] VS Standard Review Call - 2024 Supreme(Guj) 460](https://supremetoday-s3.b-cdn.net/Gujarat_1.png)
This Court has also noted that the affidavit already filed by the Central Government by Assistant Director of the Food Safety and Standards Authority of India under the Ministry of Health and Family Welfare, Government of Gujarat, FDA, was already on record. ... In the compliance affidavit dated 21.04.2023 filed on behalf of the respondent Nos.1 and 3, it is stated that the Food Safety and Standards Authority of India (FSSAI) has been created for lay....
, the Hon’ble Supreme Court quashed the First Information Report and the chargesheet filed against the appellants for the offences under Section 420 IPC. ... Any such attempt would only be against the scope and ambit of the consideration for quashing of the FIR/chargesheet on the available grounds stated by judicial pronouncements of the Hon’ble Supreme Court in the catena of judgments such as State of Haryana vs. ... The Hon’ble Supreme#HL....
of India (FSSAI), 2006. ... Furthermore, the Complaint is barred under Section 77 of Food Safety and Standards Authority of India (FSSAI), 2006 as it has been filed beyond a period of one year from the date of commission of offence. ... The Complaint thereafter, has been filed in the Court on 03.09.2020. 46. In the light of is barred by limitation. The samples admittedly were lifted M/s Bhagwati Store on 07.03.201....
meaning of the Food Safety Act. ... which is unsafe. ... which is unsafe. ... as injurious to health or unsafe.
As already noticed, Section 59 of the FSSAI Act penalizes the manufacture, sale, storage, distribution and import of unsafe food. ... This Criminal Original Petition has been filed seeking to quash the FIR in Cr.No.18 of 2019, pending investigation on the file of the 1st respondent Police. 2. ... It would, therefore, squarely fall within the definition of the term “unsafe food” under Section 2(zz) of the Act. Secti....
to quash the criminal proceedings in STC.No.164 of 2021 which is pending on the file of the learned Judicial Magistrate-II, Tambaram taken cognizance for the offence under Section 59(1) of Food Safety and Standards Authority of India Act, 2006(hereinafter called as FSSAI). ... The learned counsel for the petitioners raised grounds that the complaint itself is barred by limitation as per Section 77 of the Act. Accordingly, no court s....
As already noticed, Section 59 of the FSSAI Act penalizes the manufacture, sale, storage, distribution and import of unsafe food. ... unsafe food? under Section 2(zz) of the FSSAI Act as it falls within the net of the expression ?deleterious substance? the ordinary, plain meaning of which was noticed as ?unwholesome or physically harmful?. The Division Bench in J. Anbazhagan? ... In this regard, it is relevant to rely upon the judgment of the Hon'ble....
Court V, Kochi, to quash the proceedings in the said case. ... The proceedings initiated by the Judicial First Class Magistrate Court V, Kochi, in ST No.194/2016 on the basis of the complaint filed by the Food Safety Officer, Kochi Circle, are hereby quashed. ... The aforesaid order of the Food Safety and Standards Authority of India reads as follows: “The matter has been examined in FSSAI. ... The aforesaid case arose out of a #HL....
As already noticed, Section 59 of the FSSAI Act penalizes the manufacture, sale, storage, distribution and import of unsafe food. ... unsafe food? under Section 2(zz) of the FSSAI Act as it falls within the net of the expression ?deleterious substance? the ordinary, plain meaning of which was noticed as ?unwholesome or physically harmful?. The Division Bench in J. Anbazhagan? ... In this regard, it is relevant to rely upon the judgment of the Hon'ble....
Under the Prevention of Food Adulteration Act, 1954 and the FSSAI, 2006 there are detailed protocols provided for testing of food articles.
(iii) Food Safety and Standard Authority of India vide No. F.1(42) 2011/Railways/FSSAI (Part-1) dated 18th April, 2017 notified 56 Food Safety Officers for various zones in India under Section 37 of the FSS Act, 2006. Copies of the orders dated 24.08.2015, 15.07.2015, 07.10.2015, 05.07.2016 and 07.09.2016 are annexed herewith. A copy of the Notification bearing No. F.1(42) 2011/Railways/FSSAI (Part-1) dated 18th April, 2017 is annexed herewith. (iv) Food Safety and Standard Authority of India has vide notification S.O. No. 3648 (e) dated 6th December, 2016 under sub-section....
Section 4 of the said Act further provides for establishment of a Food Safety and Standards Authority of India (FSSAI). To lay down the said food standards and to undertake the process of setting review and revision of the same. The said Act has provision to lay down science based food standards and provide for process of setting, review and revision of the existing standards. He further submitted that the draft Notification was re-notified vide G.S.R.No. 603 (E) dated 19.7.2010 for inviting objections and suggestions from all persons likely to be affected thereby before th....
Duties and functions of the Food Safety and Standards Authority have been elaborately dealt with in Section 16 of the FSS Act, which states that it shall be the duty of the Food Authority to regulate and monitor the manufacture, processing, distribution, sale and import of food, and shall specify, by regulations, the standards and guidelines in relation to articles of food, mechanisms and guidelines for accreditation of certification bodies engaged in certification of food safety management systems for food businesses and notify the accredited laboratories, etc. 7. Exercising power....
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