Kerala High Court
Abi Davis vs Food Safety Officer on 10 April, 2025
Author: V.G.Arun
Bench: V.G.Arun
2025:KER:33036
CRL.MC NO. 3452 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947
CRL.MC NO. 3452 OF 2025
ST NO.1123 OF 2017 OF CHIEF JUDICIAL MAGISTRATE ,THRISSUR
PETITIONER(S)/ACCUSED NO.1:
ABI DAVIS
AGED 54 YEARS
(FOOD BUSINESS OPERATOR), S/O DAVIS PARAPPILLY
PARAPPILLY HOUSE, CHEMBUKAVU, THRISSUR., PIN -
680020
BY ADV P.M.RAFIQ
RESPONDENT(S)/COMPLAINANT AND STATE:
1 FOOD SAFETY OFFICER
OFFICE OF THE FOOD SAFETY OFFICER, THRISSUR
CIRCLE, PADINJARENADAKKAVU, M.G.ROAD, THRISSUR.,
PIN - 680001
2 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
SRI. C.K. SURESH SPL. PP. SMT. CHITRA. P. GEORGE,
SC FOR FSSAI.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 10.04.2025, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
2025:KER:33036
CRL.MC NO. 3452 OF 2025
2
ORDER
This Criminal Miscellaneous Case is filed to quash the proceedings in S.T. No.1123/2017 on the files of the Chief Judicial Magistrate Court, Thrissur. Petitioner is the 1 st accused in the above case. It is a private complaint filed by the 1 st respondent alleging offences punishable under the Food Safety and Standards Act, 2006 (for short 'Act 2006'.)
2. The allegation is that, on 19.02.2016, at about 11 AM, the Food Safety Officer (FSO), Thrissur after complying all formalities as per Act 2006 and Rules inspected the Paul & Davis, Tea Merchant, Thrissur corporation. After issuing Form-VA notice and got acknowledged the same from the 1 st accused, the FSO purchased 2Kg. of Tea Dust for analysis from the 1 st accused and paid Rs.334/- (Rupees Three hundred and thirty four only) as its cost and got bill for the same. A mahazar was also prepared. One part of the sample along with a Form-VI memorandum was sent to the Food Analyst, Regional Analytical Laboratory, Ernakulam on 20.02.2016. The Form-VI memorandum and specimen impression of the seal used to seal the sample were sent separately to the Food Analyst on 20.02.2016. After analysis the Food Analyst issued Form-B report No.158/2015-16 dated 09.03.2016 in which it has 2025:KER:33036 CRL.MC NO. 3452 OF 2025 3 reported that the said sample is unsafe. As per the opinion of the Food Analyst, the said sample contains Extraneous matter (Iron filings) to an extent of not less than 526.6 mg per kg and is therefore unsafe as per Section 3.1 (zz) (iii) & (xi) of Act 2006. After further formalities, the prosecution was initiated. Annexure-1 is the complaint. According to the petitioner, even if the entire allegations are accepted, no offence is made out.
3. The short point raised by the petitioner is that the Food Safety and Standards Authority of India by order dated 19.05.2016, categorically stated that, it would not be appropriate to rely on test results for iron filings in tea till such time the method for assessment is finalised. The test methods were published in 2016 in F.S.S.A.I. Manual of methods of Analysis of Foods by the Food Safety and Standards Authority of India. After that, the Food Safety and Standards Authority of India passed an order dated 02.11.2017, directing all States and Union Territories to refrain from launching prosecutions for non- conformance of limit of iron filings in cases where the samples were picked up/tested prior to 19.05.2016. Annexure-3 is the order.
4. The Additional Director General of Prosecution fairly submitted that Annexure-3 order is applicable in this case. It will 2025:KER:33036 CRL.MC NO. 3452 OF 2025 4 be better to extract the relevant portion of Annexure-3:
"5. The matter has been examined in FSSAI. It is felt that till a reliable method of assessment/ testing of iron fillings in Tea is finalized, it would not be appropriate to launch prosecutions for non- conformance nor is it proper to pursue or continue with the prosecutions launched under PFA Act / FSS Act prior to issue of FSSAI's Order dated 19.05.2016. Commissioners of Food Safety, All States/ UTs are, therefore, directed not to launch prosecutions for non- conformance of limit of iron fillings for cases where samples were picked up / tested prior to 19.05.2016. They are also advised to withdraw all such prosecutions launched prior to 19.05.2016 either under FSS Act, 2006 or PFA Act, 1954."
5. In as much as the prosecution in this case is initiated based on the Analyst Report dated 09.03.2016, Annexure 1 complaint and further proceedings thereon is liable to be quashed.
The Criminal Miscellaneous Case is accordingly allowed and all further proceedings against the petitioner in S.T. No.1123/2017 on the file of the Chief Judicial Magistrate Court, Thrissur is quashed.
Sd/-
V.G.ARUN JUDGE GBG 2025:KER:33036 CRL.MC NO. 3452 OF 2025 5 APPENDIX OF CRL.MC 3452/2025 PETITIONER ANNEXURES Annexure-1 TRUE COPY OF THE COMPLAINT IN S.T.NO.1123/2017 OF THE COURT OF CHIEF JUDICIAL MAGISTRATE, THRISSUR DATED 18.04.2017 FILED BY THE FOOD SAFETY OFFICER, THRISSUR Annexure-2 TRUE COPY OF THE PROCEEDINGS SHEET VERIFYING THE ORDER TAKING COGNIZANCE BY THE COURT OF CHIEF JUDICIAL MAGISTRATE, THRISSUR IN S.T.NO.1123/2017 Annexure-3 TRUE COPY OF THE ORDER OF FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA DATED 02.11.2017 ISSUED BY THE DIRECTOR, REGULATORY COMPLIANCE DIVISION Annexure-4 TRUE COPY OF THE ORDER IN CRL.M.C.NO.5164/2019 DATED 14.11.2024 OF THIS HON'BLE COURT