2025:KER:23832 CRL.MC NO. 298 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN THURSDAY, THE 20TH DAY OF MARCH 2025 / 29TH PHALGUNA, 1946 CRL.MC NO. 298 OF 2025 AGAINST THE ORDER/JUDGMENT IN ST NO.126 OF 2024 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, PEERUMEDU PETITIONERS: 1 BHASKAR KHANDAIT, AGED 55 YEARS 601C AND 601D, 6TH FLOOR, THE CAPITAL, C-70, G BLOCK,BANDRA EAST, MUMBAI, GREATER MUMBAI, PIN - 400051 2 M/S. BUNGE INDIA PRIVATE LIMITED, REPRESENTED BY BHASKAR KHANDAIT, 601C AND 601D, 6TH FLOOR, THE CAPITAL, C-70, G BLOCK,BANDRA EAST, MUMBAI, GREATER MUMBAI, PIN - 400051 3 S. SAKTHIVEL, AGED 55 YEARS M/S. BUNGE INDIA PRIVATE LIMITED, EDAMALAIPATTY, PUDUR, THRICHY, TAMIL NADU, PIN - 620012 4 M/S. BUNGE INDIA PRIVATE LIMITED, REPRESENTED S. SAKTHIVEL, FOODS FACTORY, EDAMALAIPATTY, PUDUR, THRICHY, TAMIL NADU, PIN - 620012 BY ADVS. P.MOHANDAS (ERNAKULAM) K.SUDHINKUMAR SABU PULLAN 2025:KER:23832 CRL.MC NO. 298 OF 2025 2 GOKUL D. SUDHAKARAN R.BHASKARA KRISHNAN BHARATH MOHAN K.P.SATHEESAN (SR.) RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 THE FOOD SAFETY OFFICER, PEERMADE CIRCLE, PEERMADE, IDUKKI, PIN - 685532 BY ADVS. SRI. GRASHIOUS KURIAKOSE, FOR ADGP. SMT. PUSHPALATHA. M.K, SR.PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:23832 CRL.MC NO. 298 OF 2025 3 ORDER Petitioners are accused Nos. 3 to 6 in S.T.No.126 of 2024 on the files of the Judicial Magistrate of First Class-II, Peermade. The case originated from a complaint filed by the Food Safety Officer alleging commission of offences under Sections 3(1)(zz)(iii), 3(1)(zz)(xi), 26(1), 26(2)(i), 27(1) and Section 59 of the Food Safety and Standards Act, 2006. 2. The specific allegation is that the sample of Vanaspati collected from the shop did not conform to the standards prescribed in the Food Safety and Standards (Laboratory and Sample Analysis) Regulations, 2011. The said finding was reached based on the report of analysis received from the Regional Analytical Laboratory, Kakkanad. One of the specific grounds of challenge raised in this Crl.M.C is that the laboratory where the test was conducted did not have accreditation for conducting the standard tests for Vanaspati as on the date of analysis. 3. Indisputably, the analysis was done on 12.11.2021, whereas the laboratory received the requisite 2025:KER:23832 CRL.MC NO. 298 OF 2025 4 accreditation only on 23.11.2021. Being so, the challenge can only be upheld. Therefore, this Court is not venturing to decide the other contentions raised by the petitioners. In the result, the Crl.M.C is allowed and all further proceedings in S.T.No.126 of 2024 on the files of the Judicial Magistrate of First Class-II, Peermade, as against the petitioners, is quashed. Sd/- V.G.ARUN JUDGE SPV 2025:KER:23832 CRL.MC NO. 298 OF 2025 5 APPENDIX OF CRL.MC 298/2025 PETITIONER’S ANNEXURES ANNEXURE -I CERTIFIED COPY OF THE OF THE COMPLAINT FILED BY THE 2ND RESPONDENT DATED 1-8-2023 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE’S COURT, PEERMADE AS S.T. NO. 126/2024 ANNEXURE -II TRUE COPY OF THE SUMMONS ISSUED TO THE 1ST PETITIONER BY THE JUDICIAL FIRST CLASS MAGISTRATE’S COURT-II, PEERMADE DATED 21- 10-2024 ANNEXURE -III TRUE COPY OF THE SUMMONS ISSUED TO THE 2ND PETITIONER BY THE JUDICIAL FIRST CLASS MAGISTRATE’S COURT-II, PEERMADE DATED 21- 10-2024 ANNEXURE-IV TRUE COPY OF THE SUMMONS ISSUED TO THE 3RD PETITIONER BY THE JUDICIAL FIRST CLASS MAGISTRATE’S COURT-II, PEERMADE DATED 21- 10-2024 ANNEXURE -V TRUE COPY OF THE SUMMONS ISSUED TO THE 4TH PETITIONER BY THE JUDICIAL FIRST CLASS MAGISTRATE’S COURT-II, PEERMADE DATED 21- 10-2024 ANNEXURE -VI TRUE COPY OF THE RELEVANT PAGE OF THE SCOP OF ACCREDITATION FOR REGIONAL ANALYTICAL LABORATORY, KAKKANAD ANNEXURE -VII TRUE COPY OF THE COMMUNICATION ISSUED BY THE EXECUTIVE DIRECTOR OF FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA DATED 15-03- 2021 ANNEXURE -VIII TRUE COPY OF THE COMMUNICATION ISSUED BY THE FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA DATED 4-1-2023 2025:KER:23832 CRL.MC NO. 298 OF 2025 6 ANNEXURE -IX TRUE COPY OF THE ORDER OF STAY ISSUED BY THIS HON’BLE COURT DATED 2-11-2023 IN CRL.M.C.NO. 9137/2023 RESPONDENTS’ ANNEXURES: NIL //TRUE COPY// PA TO JUDGE