The Telangana High Court has quashed a food adulteration case registered against the owner of a biryani masala manufacturing unit, ruling that the police lacked jurisdiction to investigate offences under the Food Safety and Standards (FSS) Act. The case was initiated based on a police complaint alleging that the unit owner manufactured adulterated biryani masala and stored it in unhygienic conditions.
Relying on precedent rulings, the court held that under the FSS Act, only a food safety officer is empowered to initiate proceedings in such matters. The court also directed the police to return the seized property after proper identification and verification under due acknowledgment.
Background of the Case
According to the petitioner, in April 2024, police raided the unit located at Katedan, seized biryani masala, dry garlic, and other materials, registered a case, and began an investigation. The petitioner's counsel, SM Saifullah, termed the case “illegal, unlawful, perverse and motivated.”
Saifullah argued that “Police have no authority to register or investigate the case under Bharatiya Nyaya Sanhita because the Food Safety and Standards Act, 2006, is the governing law for food-related offences. Moreover, a special law (FSSA) overrides a general law (BNS), making the food safety law the only route for action in alleged such matters.”
Flawed Investigation Alleged
The counsel further alleged that the investigation was flawed because, under the food safety law, only a food inspector can take samples of suspected adulterated food following the prescribed procedure. “In this case, no food inspector took samples, no consumer has complained, and police registered the case only to harass and damage the business and reputation, without any justification or shred of evidence,” Saifullah added.
Arguing that there was no material to show any offence and that without a food expert report, the case could not stand, the counsel cited Supreme Court and erstwhile Andhra Pradesh High Court rulings in similar matters and sought relief on the same grounds.
Court's Decision
“Taking into consideration the submissions and an earlier order passed by this court in 2018 in a batch of petitions, this criminal petition is allowed,” the judge said, and quashed the case against the unit owner.
