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Brief facts leading to present petition are that on 31.03.2022 a raid was conducted on premise of the petitioner. It was found that due to pending investigation, the prosecution moved application for destroying the processed meat and the company also moved an application for release of meat. Vide impugned order dated 17.10.2022 the learned Magistrate allowed an application for sending samples to NABL accredited laboratory. Testing report of 30 samples were received and the processed meat was found as per standard under Food Safety and Standard Act, 2006. Thereafter, the learned Magistrate released the processed meat by second impugned order dated 21.12.2022.

Learned counsel for the petitioner and learned A.G.A. in-charge for the case for State and perused the material on record. Learned counsel for the petitioner submitted that the Revisional Court itself has observed in operative part of the impugned order that if the report of the samples are not received by the 13.02.2023, this order shall become non-nest and impugned order will be revived. As many as 98 samples have been taken from the bulk of packets of processed meat and sent for examination to Central Food Laboratory, Ghaziabad at the instance of State authority. However, this is admitted fact that the analysis report of 98 samples have not been received by the Court below by 13.02.2023, the deadline fixed in the impugned order passed by learned Sessions Judge, the effect of the operative order of learned Sessions Judge is that release order passed by learned Magistrate by the order dated 21.12.2022 would be effective immediately and there are no need of any further order. However to stall the physical release of the processed meat which is subject matter of the case an application was moved on behalf of State on 13.02.2023 before Sessions Judge, learned Magistrate at the instance of State respondent wherein he stated that the process of analysis of 98 samples of buffalo meat is underway in the laboratory, which will take at least 10 days time and a prayer was made to grant 10 days time and a prayer was made to grant 10 days time for filing analysis report thereof. Learned Magistrate in its order order of learned Sessions Judge granted two days time to State for filing analysis report and fixed date of 15.02.2023 for filing the report.

Therefore, if food analysis report was not filed by the State laboratory till 13.02.2023, there was no action either for learned Magistrate of Sessions Judge to extend the time for filing chemical analysis report up to 21.2.2023 as pleaded by learned A.G.A. appearing for the State. The orders passed by learned Sessions Judge as against property as the matter is already subjudiced before the Hon'ble Court and this Court has seized of the matter. Inasmuch as the first order passed by in the criminal revision by Revisional Court is itself challenged in present petition. The revisional order of Sessions Court as well as the subsequent order passed in criminal misc. application No.155/2023 are liable to set aside and the release of processed meat is to be effected immediately pursuant to orders of learned Magistrate dated 21.12.2022 is to be given effect as the shelf life of the processed meat is liable to expire on 07.03.2023 as everyday delay will cause irregular loss to the petitioners.

However, he concedes that the learned Sessions Judge in order dated 16.02.2023 has specifically observed "No further time be extended by this Court"

In peculiar facts of the case, interplay of competing interest of parties is evident, on the one hand the petitioner stating is that they have not committed any offence, the Directors of petitioner company have already applied for renewal of the licence for operating the slaughter house from Agricultural and Processed Food Product Export Development Authority before its expiration. A copy of license issued by FSSAI dated 28.03.2017 valid till 27.03.2022 has been filed as Annexure No.8 to the present petition and prior to its expiry, the company had submitted an application for renewal of licence along with requisite license fee on 12.03.2022. Therefore, there is no lapse on the part of the petitioner's company. The raw meat and other materials seized from this part are already disposed of by State Agency and at present only the question of release of processed meat kept in 9,600 packets weighing 2,14,438.8 kg is under question. The processed meat of certain items were sold during investigation which value approximately Rs.3.5 crores and after expiry of shelf life the subject matter will loose its efficacy and will reduce to waste matter as it would not be conducive for human consumption. On the other hand, the stand of State is that if the samples are found of sub-standard then it will be treated as spurious to public health and the petitioner cannot be permitted to sell the meat for human consumption. Therefore, the chemical analysis report must come for perusal of the Court before any final order is passed for release of the said meat for public in favour of the company for public consumption.