Kerala High Court
Muhammed Ameen vs State Of Kerala on 18 September, 2025
Author: V.G.Arun
Bench: V.G.Arun
2025:KER:69999
CRL.MC NO. 3604 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 18TH DAY OF SEPTEMBER 2025 / 27TH BHADRA, 1947
CRL.MC NO. 3604 OF 2025
CRIME NO.0/0 OF ,
AGAINST THE ORDER/JUDGMENT IN ST NO.1534 OF 2017 OF JUDL.
MAGI. OF FIRST CLASS-III, KOTTAYAM
PETITIONER:
MUHAMMED AMEEN,
AGED 37 YEARS
S/O POOKUNJU ABOOBACKER,
PALATHINKAL,
KODIMATHA, NATTAKOM,
KOTTAYAM, PIN - 686013
BY ADVS.
SRI.T.G.SUNIL (PERUMBAVOOR)
SHRI.SYAM K.P.
SMT.NIKITA NAIR C.S.
SHRI.P.MUHAMMED SHIYAS
SMT.SUBINI P.C.
SMT.JOSHNA JOY
SHRI.ASHISH GOPAL K G
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
PIN - 682031
2 FOOD SAFETY OFFICER,
KOTTAYAM CIRCLE,
2025:KER:69999
CRL.MC NO. 3604 OF 2025
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1ST FLOOR,
NEAR DYSP OFFICE,
CIVIL STATION,
KOTTAYAM, PIN - 686001
BY SRI. M.C. ASHI, SR.PP.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
18.09.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2025:KER:69999
CRL.MC NO. 3604 OF 2025
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ORDER
Dated this the 18th day of September, 2025 This Criminal Miscellaneous Case is filed to quash the proceedings in S.T. No.1534/2017 on the files of the Judicial First Class Magistrate Court-III, Kottayam, wherein the petitioner figures as the 1 st accused. The case originated from the complaint filed by the 2nd respondent alleging commission of offences punishable under the Food Safety and Standards Act, 2006 (for short 'the Act').
2. The allegation in the complaint is that, on 04.02.2016, at about 10:30 a.m., the Food Safety Officer (FSO), Kottayam after complying with all legal formalities, inspected the establishment named Rainbow Trading Company, in Kottayam Municipality. After issuing Form V- A notice and getting the same acknowledged by the 1st accused, the FSO purchased 2Kg of Tea Dust from the 1st accused and took samples from the same. One part of the sample along with Form VI memorandum was sent to the 2025:KER:69999 CRL.MC NO. 3604 OF 2025 4 Food Analyst, Regional Analyst Lab, Kakkanad, Ernakulam on 04.02.2016. After analysis, the Food Analyst issued Form B report No.148/2015-16 dated 23.02.2016, opining that the sample is unsafe for human consumption, as it contained extraneous matter (iron filings) to an extent of not less than 332.15 mg per kg. Thereupon, the requisite formalities were complied with and prosecution initiated by filing Annexure I complaint.
3. The main contention urged by the learned Counsel for the petitioner is that, vide order dated 19.05.2016 of the Food Safety and Standards Authority of India, it has been clarified that no reliance can be placed on test results for iron filings in tea until the method for assessment is finalised. The test methods were published in 2016 in the F.S.S.A.I Manual of Methods of Analysis of Foods. Thereafter, the Food Safety and Standards Authority of India issued Annexure II order dated 02.11.2017, directing all States and Union Territories to refrain from launching prosecution for non-conformance of limit of iron filings in tea, in cases where the samples were 2025:KER:69999 CRL.MC NO. 3604 OF 2025 5 picked up/tested prior to 19.05.2016. It is pointed out that in the instant case the sample was picked up on 04.02.2016 and the test report is dated 23.02.2016.
4. The Additional Director General of Prosecution fairly submitted Annexure II order to be applicable in this case.
5. The contextually relevant portion of Annexure II order reads as under;
"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."
6. Indisputably, the prosecution in this case is initiated based on the Analyst Report dated 23.02.2016 with respect to a sample picked up on 04.02.2016. Being so, Annexure I complaint and further proceedings thereon is unsustainable.
2025:KER:69999 CRL.MC NO. 3604 OF 2025 6 The Criminal Miscellaneous Case is hence allowed and all further proceedings against the petitioner in S.T. No.1534/2017 on the files of the Judicial First Class Magistrate Court-III, Kottayam, quashed.
Sd/-
V.G.ARUN JUDGE SPV 2025:KER:69999 CRL.MC NO. 3604 OF 2025 7 APPENDIX OF CRL.MC 3604/2025 PETITIONER'S ANNEXURES ANNEXURE I THE CERTIFIED COPY OF THE COMPLAINT DATED 26.08.2017 FILED BY 2ND RESPONDENT WHICH IS PENDING AS ST NO. 1534/2017 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT- III, KOTTAYAM ANNEXURE II THE COPY OF THE ORDER DATED 19/5/2016 ISSUED BY THE FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA (ENFORCEMENT DIVISION) ANNEXURE III THE COPY OF THE JUDGMENT DATED 07.10.2016 IN W.P.(C)NO.30531/2016 BY THIS HON'BLE COURT ANNEXURE IV THE COPY OF THE JUDGEMENT DATED 23.08.2024 IN CRL. M.C NO. 2464 OF 2018 ALONG WITH CRL. M.C NO. 6319 OF 2017 BY QUASHING THE PROCEEDING AGAINST THE ACCUSED NO. 2 IN ST NO. 1534/2017 PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-III, KOTTAYAM BY THIS HON'BLE COURT RESPONDENTS' ANNEXURES: NIL //TRUE COPY// PA TO JUDGE