Kerala High Court
Bhaskar Khandait vs State Of Kerala on 31 July, 2025
Author: V.G.Arun
Bench: V.G.Arun
2025:KER:57120
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 31ST DAY OF JULY 2025/9TH SRAVANA, 1947
CRL.MC NO. 1670 OF 2024
AGAINST THE ORDER/JUDGMENT IN ST NO.2762 OF 2023 OF JUDICIAL
MAGISTRATE OF FIRST CLASS, TALIPARAMBA
PETITIONERS/ACCUSED 7 AND 8:
1 BHASKAR KHANDAIT
AGED 55 YEARS
601C AND 601D, 6TH FLOOR, THE CAPITAL,
C-70, G BLOCK, BANDRA EAST, MUMBAI,
GREATER MUMBAI, PIN - 400051
2 M/S. BUNGE INDIA PRIVATE LIMITED
REPRESENTED BY BHASKAR KHANDAIT,
601C AND 601D, 6TH FLOOR, THE CAPITAL,
C-70, G BLOCK, BANDRA EAST, MUMBAI,
GREATER MUMBAI, PIN - 400051
BY ADVS.
SRI.P.MOHANDAS (ERNAKULAM)
SRI.K.SUDHINKUMAR
SRI.SABU PULLAN
SRI.GOKUL D. SUDHAKARAN
SHRI.R.BHASKARA KRISHNAN
SHRI.BHARATH MOHAN
DR.K.P.SATHEESAN (SR.)
RESPONDENTS/STATE AND COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682031
CRL.MC NO. 1670 OF 2024
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2025:KER:57120
2 THE FOOD SAFETY OFFICER
THALIPARAMBA CIRCLE, THALIPARAMBA,
KANNUR, PIN - 670141
BY ADVS.
PUBLIC PROSECUTOR
ADDL.DIRECTOR GENERAL OF PROSECUTION
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
31.07.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 1670 OF 2024
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2025:KER:57120
ORDER
Dated this the 31st day of July, 2025 The petitioners are accused Nos.7 and 8 in S.T.C No.2762 of 2023 on the files of the Judicial First Class Magistrate Court, Taliparamba. The case originated from a complaint filed by the Food Safety Officer, Taliparamba Circle alleging that the samples of Dalda Kachi Ghani Mustard Oil collected from the 1st accused Food Business Operator was found to be unsafe for human consumption on chemical analysis at the Regional Analytical Laboratory as the sample contained 'lead' in excess of the permissible limit.
2. Learned counsel for the petitioners contended that even though the Regional Analytical Laboratory, Kozhikode is an accredited laboratory, it does not have the accreditation for testing heavy CRL.MC NO. 1670 OF 2024 4 2025:KER:57120 metal contents. Referring to Annexure-IV Scope of Accreditation, it is pointed out that the accreditation is only for conducting acid value test, boudouin test, butyro-refractometer reading, halphens test, iodine value test, moisture test, saponification value test, mineral oil test and unsaponifiable matter test. Hence, the analysis certificate issued by the Food Analyst, Regional Analytical Laboratory, Kozhikode does not have any legal validity.
3. I heard the learned ADGP also.
4. On careful scrutiny of the Scope of Accreditation, I am convinced that the laboratory did not have the accreditation for testing heavy metal contents. Being so, there cannot be any successful prosecution based on the report of a test conducted in an unauthorised laboratory. On that sole ground, the petition is entitled to succeed. CRL.MC NO. 1670 OF 2024 5 2025:KER:57120 In the result, the Crl.M.C is allowed. All further proceedings in S.T.C No.2762 of 2023 on the files of the Judicial First Class Magistrate Court, Taliparamba, as against the petitioners, is quashed.
Sd/-
V.G.ARUN JUDGE ARK CRL.MC NO. 1670 OF 2024 6 2025:KER:57120 APPENDIX OF CRL.MC 1670/2024 PETITIONER ANNEXURES ANNEXURE -I COPY OF THE COMPLAINT FILED BY THE 2ND RESPONDENT DATED 9-8-2023 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT-I, THALIPARAMBA ANNEXURE -II TRUE COPY OF THE SUMMONS ISSUED TO THE 1ST PETITIONER BY THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT, THALIPARAMBA DATED 22-08- 2023 ANNEXURE -III TRUE COPY OF THE SUMMONS ISSUED TO THE 2ND PETITIONER BY THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT, THALIPARAMBA DATED 22-08- 2023 ANNEXURE -IV TRUE COPY OF THE RELEVANT PAGE OF THE SCOP OF ACCREDITATION FOR REGIONAL ANALYTICAL LABORATORY, KOZHIKODE RESPONDENT ANNEXURES ANNEXURE R2 A TRUE COPY OF THE SCOPE OF REGIONAL ANALYTICAL LAB, KOZHIKKODE DURING THE YEAR 2021