- 1 - HC-KAR NC: 2025:KHC:49083 CRL.P No. 2742 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 2742 OF 2025 BETWEEN: M/S HATSUN AGRO FOODS LIMITED. REPRESENTED BY ITS AUTHORIZED SIGNATORY REGISTERED OFFICE AT PALACODE KAVERIPATTINAM, KAVERIPATTINAM - MARANDAHALLI RD, VELAKALAHALLI, TAMIL NADU 636 805. …PETITIONER (BY SRI. ANJAN DEV N., ADVOCATE) AND: K CHANDRASHEKHAR SENIOR FOOD SAFETY OFFICER, AGED MAJOR, RR NAGAR CIRCLE, BBMP WEST DIVISION, PUBLIC HEALTH INSTITUTION BUILDING, SHESHADRI ROAD, BANGALORE - 560 001. …RESPONDENT (BY SRI. JAGADEESHA. B. N., ADDL. SPP) THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH ALL PROCEEDINGS IN PCR NO. 49/2024 PENDING ON THE FILE OF THE SPECIAL COURT FOR ECONOMIC OFFENCES, BANGALORE, MARKED AS DOCUMENT NO.1. AND ETC. Digitally signed by SUMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:49083 CRL.P No. 2742 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is aggrieved by the proceedings initiated against him in PCR No.49/2024, on the file of the Special Court for Economic Offences, Bengaluru. 2. Heard both sides and perused the material on record. 3. Complaint is filed by the Senior Food Safety Officer of BBMP, West Zone, R.R. Nagar Circle, Bengaluru, before the Special Court for Economic Offences, Bengaluru, against the Retailer and Manufacturer- M/s Hatsun Agro Products Ltd., Dharmapuri, Tamil Nadu, alleging an offence Punishable under Section 59 of the Food Safety and Standards Act, 2006 (for short 'FSS Act'). 4. In brief, it is the case of the complainant that, on 25.05.2023 at about 09.30 a.m. he visited Happy Daily Dairy - 3 - HC-KAR NC: 2025:KHC:49083 CRL.P No. 2742 of 2025 Milk and Ice Cream shop located at M.S.M. Enterprises, No.3, Mariyappanapalya, Bangalore University Road, Bangalore-56 and having raised a doubt about the quality of the food item, “Aarokya Full Cream Milk 500 ml”, collected the food sample for quality analysis, as per Rules, which was manufactured by Hatsun Agro Product Ltd., Dharmapuri i.e., the petitioner herein. He submitted the food sample along with Form VI and specimen impression seal form, to the Food Analyst IADFAC Laboratories private limited and on receiving the report on 01.06.2023, which stated that the sample does not meet the prescribed limits, filed the complaint. 5. According to the complainant, the sample as per the report has not met the prescribed limits of 2.1.2 standard for milk Coliform Count, parameters as per FSSR-2011 for above tested parameters and therefore, the samples fall under unsafe food, as per Section 3(zz) iii/iv/x of the FSS Act, 2006, punishable under Section 59 of the said Act 6. It is the contention of the learned counsel for - 4 - HC-KAR NC: 2025:KHC:49083 CRL.P No. 2742 of 2025 petitioner that, the alleged act committed by the accused falls under section 59(i), where offence punishable with imprisonment for three months and also with fine of Rs.3.00 lakhs and for the Special Court to try the case, the punishment for the alleged offence should be more than 3 years. Elaborating the said contention, the learned Counsel would submit that the contravention should result in grievous injury or death, which gives the Special Court the jurisdiction to try the case, under Section 74 of the Act. 7. The Learned counsel has further contended that, in the instant case there is delay in receiving the report from the lab and also in filing the complaint and therefore, great prejudice has been caused to the defense of the petitioner, which vitiates the entire proceedings. 8. Learned Addl. SPP would vehemently oppose the prayer sought in the petition contending that, even if the Special Court has no jurisdiction to try the case, under Section 75 of the FSS Act, 2006, if it is of the opinion that the - 5 - HC-KAR NC: 2025:KHC:49083 CRL.P No. 2742 of 2025 offence is not triable and it has no jurisdiction, can transfer the case for trial to any Court having jurisdiction. He therefore, contented that, there is no merit in the petition. 9. In this case, the food sample namely a milk product “Aarokya full cream milk” was collected by the complainant on 25.05.2023. Though it is stated that the complainant immediately submitted 4 food sample to the Food Analyst IADFAC Laboratories Pvt. Ltd., the report was received on 01.06.2023 stating that the sample does not meet the prescribed limits. The complaint is filed on 28.10.2024, i.e., after 1 year 4 months. The report was submitted to the Court along with the complaint on 30.10.2024. It is not forthcoming in the complaint as to where the said Report was kept till then. In terms of section 77 of FSS Act, 2006, Court cannot take cognizance after the expiry of a period of one year from the date of the commission of the offence. However, craves out limited exception whereby, for reasons to be recorded in writing, the prosecution may be approved with an extended period not - 6 - HC-KAR NC: 2025:KHC:49083 CRL.P No. 2742 of 2025 exceeding 3 years. In the present case, delay in filing the complaint, has seriously prejudiced the defense of the petitioner, notwithstanding the contention raised by the learned counsel for the petitioner that this is a case where no serious injury or death has occurred. Further, the Special Court has no jurisdiction to try the offence, as the punishment prescribed is not more than 3 years and therefore, for the above reasons, the petition succeeds and accordingly the following:- ORDER i) Petition is allowed. ii) The entire proceedings as against the petitioner pending before the Special Court for Economic Offences, Bangalore in PCR No.49/2024 are quashed. I.A.No.1/2025 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC:List No.: 1 Sl No.: 27