Food Adulteration Prosecution Quashed for Lack of Statutory Compliance: MP High Court

The Madhya Pradesh High Court has quashed criminal proceedings initiated against three individuals in a food adulteration case, holding that the prosecution failed to establish their involvement in the business operations of the concerned firm and did not comply with mandatory statutory safeguards under the Prevention of Food Adulteration Act, 1954.

The case arose from an inspection conducted in July 2004 in the pantry car of the Varanasi–Pune Gyan Ganga Express, where a Food Inspector collected a sample of coriander powder suspected to be adulterated. Following an adverse report from the Public Analyst, prosecution was launched against the manager present at the site and three persons alleged to be partners of the catering firm.

Justice Himanshu Joshi observed that the complaint contained no specific allegations showing that the applicants were responsible for the day-to-day conduct of the firm's business. The Court noted that the prosecution relied primarily on information allegedly supplied by the pantry manager and failed to produce supporting material demonstrating the applicants' role in the enterprise. Partnership documents placed on record also indicated that two of the applicants were not partners at the relevant time.

The Court further emphasized the mandatory nature of Section 13(2) of the Act, which grants an accused the right to seek examination of a counterpart sample by the Central Food Laboratory. Finding no satisfactory proof that this right had been communicated to the applicants, the Court held that continuation of the prosecution would amount to an abuse of process and accordingly discharged them from all charges.