Calcutta High Court (Appellete Side)
Mead Johnson Mutrition India Pvt. ... vs Unknown on 10 September, 2021
41
10.09.2021
rrc
CRR 1767 of 2021
In re : An application under Section 482 of the Code of Criminal
Procedure, 1973.
In the matter of : Mead Johnson Mutrition India Pvt. Ltd.
..... petitioner
Mr. Sudipta Sarkar
Mr. J. Lal
Mr. Suddhakar Prasad
Mr. Pradipta Bose
.....For the petitioner
The prosecution, in this case, was launched on the basis of
an F.I.R. being no. 333 of 2015 dated November 10, 2015,
registered by the Charu Market Police Station under Sections
269/270/272/273/114 of the Indian Penal Code, 1860. Following
the said F.I.R., after a lapse of about four years, on May 29, 2019,
a notice was issued under Section 91 of the Code of Criminal
Procedure, 1973, by the relevant police station against the
authorized person/director of the petitioner company.
The said notice was replied to by the petitioner in a letter
dated June 4, 2019.
Thereafter again a notice was issued on August 30, 2020,
against one of the directors of the petitioner company under
Section 160(1) of the Code of Criminal Procedure, 1973, requesting
him to appear before the investigating officer.
By filing this revisional application, the petitioner prays for
quashing the proceeding.
Mr. Sudipta Sarkar, learned senior advocate appearing for
the petitioner submits that in this case there has been no report in
terms of Section 46(2) of the Food Safety and Standards Act, 2006
and therefore, the prosecution is liable to be quashed.
He relies upon a judgment reported at 2010 SCC Online All
1708 [M/s. Pepsico India Holdings (Pvt) Limited and another
Vs. State of U.P. and others] delivered in the context of
Prevention of Food Adulteration Act, 1954, wherein it has been
held as follows:-
"Section 42 empowers the Food Safety Officer for
inspection of food business, drawing samples and
sending them to Food Analyst for analysis. The
Designated Officer, after scrutiny of the report of
Food Analyst shall decide as to whether the
contravention is punishable with imprisonment or
fine only and in the case of contravention
punishable with imprisonment, he shall send his
recommendations to the Commissioner of Food
Safety for sanctioning prosecution. Therefore,
invoking Sections 272 and 273 of the Penal Code,
1860 in the matter relating to adulteration of food
pursuant to the impugned government order is
wholly unjustified and non est."
Mr. Sarkar further relies upon paragraph 8 of the judgment
reported at (2009) 15 SCC 64 (Girishbhai Dahyabhai Shah Vs.
C.C.Jani and another) in support of his contention.
Admittedly, in this case, a notice under Section 91 of the
Code of Criminal Procedure, 1973, was issued after four years from
the lodging of the relevant F.I.R. and, thereafter, again after a delay
of about two years, further notice under Section 160(1) of the Code
of Criminal Procedure, 1973, was issued against the director of the
petitioner company.
Prima facie, I am of the view that the prosecution against the
petitioner cannot continue under Sections 51 and 59 of the Food
Safety and Standards Act, 2006, when the same was initiated
without any report under Section 46(2) of the Food Safety and
Standards Act, 2006. The Sections under Indian Penal Code, 1860
are not applicable for alleged violation of the provisions of the Food
Safety and Standards Act, 2006.
In view of the aforesaid, there shall be a stay of all further
proceedings in connection with Charu Market Police Station Case
No. 333 under Sections 269/270/272/273 and 114 of the Indian
Penal Code, 1860, and Sections 51 and 59 of the Food Safety and
Standards Act, 2006, for a period of eight weeks from date.
The petitioner shall serve a copy of this application upon the
opposite parties within a period of two weeks, indicating that this
application shall be taken up for hearing after six weeks under the
heading "Contested Application". The petitioner shall file an
affidavit-of-service to that effect on the next date of hearing.
List this application after six weeks under the heading
"Contested Application".
(Kausik Chanda, J.)
