Kerala High Court Stays Food Adulteration Proceedings Against 'Dalda Vanaspati'

Justice P.V.Kunhikrishnan admitted the matter and granted an interim stay on all criminal proceedings initiated against the petitioners.

“After going through the complaint, I think a prima facie case is made out by the petitioners. Therefore, there shall be an interim stay as prayed for, for a period of six months.”

The petitioners have approached the High Court for quashing criminal complaint filed against them by the Food Safety Officer, Majeri alleging food adulteration of their product, Bunge Dalda Vanaspati. They are booked under Section 3(1)(zz)(xii), Section 20, Section 26(1), Section 26 (2)(i), Section 27 (2) (c), Section 59 (i) and Section 66 of FSSA

The allegation was that lab analysis of Bunge Dalda Vanaspati showed contents of Nickel and Lead above the permissible limits provided under the Food Safety and Standards (Contaminants, Toxins and Residues) Regulations, 2011.

Senior Counsel Dr. K. P. Satheesan, appearing for the petitioners contended that there were divergent findings in the lab report and without considering it, the Magistrate took cognizance of the case and initiated proceedings.

It was argued that Nickel content was shown above the prescribed limit in the first lab report by the Regional Analytical Laboratory. It was further argued that the second report by the Referral Food Laboratory, Mysore showed that Nickel content was within the prescribed limit but showed excess Lead content in it. It was submitted that due to the conflicting findings, a third opinion should have been sought from a lab recognized by the Government of India. It was also alleged that the lab tests were carried out on expired products of Bunge Dalda Vanaspati.

The plea also stated that prosecution cannot be initiated based on a complaint unless and until the parameters which are found to be unsafe are legally established. It was also argued that a Designated Officer within 14 days has to make recommendations to the Commissioner of Food Safety after the detection of the offence and sanction has to be obtained for prosecution without delay. It was argued that recommendations were made by the Commissioner of Food Safety beyond a period of 6 months and it was legally invalid to initiate prosecution.

The petitioners were represented by Senior Counsel K.P.Satheesan, Advocates P.Mohandas, R.Bhaskara Krishnan, Bharath Mohan, K.Sudhinkumar, Sabu Pullan and Gokul D. Sudhakaran

Case title: Bhaskar Khandait And Others V State Of Kerala

Case number: Crl.MC 9137/2023