The Telangana High Court has quashed a food adulteration case registered against the owner of a biryani masala manufacturing unit, holding 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 produced adulterated biryani masala and stored it in unhygienic conditions.
Court Ruling on Jurisdiction
Relying on precedent rulings, the court observed that under the FSS Act, only a food safety officer is empowered to initiate proceedings in matters concerning food adulteration. 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 commenced an investigation.
The petitioner's counsel, S M Saifullah, termed the case as illegal, unlawful, perverse, and motivated. He argued that the police had no authority to register or investigate the case under the Bharatiya Nyaya Sanhita (BNS) because the FSS Act, 2006, is the governing law for food-related offences. He further contended that a special law (FSSA) overrides a general law (BNS), making the food safety law the only route for action in such matters.
Flawed Investigation Alleged
Saifullah 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 filed a complaint, and the police registered the case solely to harass the petitioner and damage his business and reputation, without any justification or evidence.
Arguing that there was no material to establish 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, the judge allowed the criminal petition and quashed the case against the unit owner.
