Whether the court can quash prosecution against accused under Food safety Act if there no FSL report or expert report?

As seen from the material placed on record, there is no FSL or expert report to the effect that the substance seized is dangerous/hazardous to public health. Hence, it is pertinent to

state that continuation of proceedings in the subject C.C is nothing but abuse of process of law. Therefore, the proceedings against the petitioner/A2 in the subject case are liable to be quashed.

TELANGANA HIGH COURT

Vinod kumar Vyas Vs State of telangana

 THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER

CRIMINAL PETITION No.8237 OF 2021

Date: 12.11.2021

This Criminal Petition, under Section 482 of the Code of

Criminal Procedure, 1973 (for short, ‘Cr.P.C.’), is filed by the

petitioner/A2 seeking to quash the proceedings in C.C.No.705 of

2017 on the file of the XVII Additional Chief Metropolitan Magistrate,

Hyderabad, wherein cognizance was taken for the offences under

Sections 188 and 273 of IPC and Section 59(i) of Food Safety and

Standards Act, 2006 (for short, ‘FSS Act’).

2. Heard the learned counsel for the petitioner/A2, learned

Assistant Public Prosecutor representing the respondent-State and

perused the record.

3. The learned counsel for the petitioner/A2 would submit that

facts and circumstances of the case on hand are akin to the facts

and circumstances of the cases in Crime No.34 of 2018 on the file of

Manakondur Police Station and the proceedings in the said case

were quashed by this Court, vide common order dated 27.08.2018

passed in Criminal Petition No.3731 of 2018 and batch. The contents

in the subject case also do not constitute the offences under

Sections 188 and 273 of IPC and Section 59(i) of FSS Act against

the petitioner/A2 and ultimately prayed to allow the Criminal

Petition as prayed for.

4. The learned Assistant Public Prosecutor has fairly conceded

the submissions made by the learned counsel for the petitioner/A2.

5. In view of the above submissions and the material placed on

record, the allegations made against the petitioner/A2 in the subject

C.C.No.705 of 2017 on the file of the XVII Additional Chief

Metropolitan Magistrate, Hyderabad, do not constitute the offences

under Sections 188 and 273 of IPC and Section 59(i) of FSS Act and

there are no grounds to frame charges and proceed with against the

petitioner/A2. As seen from the material placed on record, there is

no FSL or expert report to the effect that the substance seized is

dangerous/hazardous to public health. Hence, it is pertinent to

state that continuation of proceedings in the subject C.C is nothing

but abuse of process of law. Therefore, the proceedings against the

petitioner/A2 in the subject case are liable to be quashed.

6. In the result, this Criminal Petition is allowed and the

proceedings against the petitioner/accused in C.C.No.705 of 2017

on the file of the XVII Additional Chief Metropolitan Magistrate,

Hyderabad, are hereby quashed.

Miscellaneous petitions, if any, pending in this Criminal

Petition, shall stand closed.

____________________

Dr. SHAMEEM AKTHER, J

Date: 12.11.2021

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