HC quashes food adulteration case filed by cops

Hyderabad: The Telangana high court quashed a food adulteration case registered against a biryani masala-making unit owner, holding that police lacked jurisdiction to investigate food adulteration offences.The case was booked on a police complaint alleging the unit owner manufactured adulterated biryani masala and stored it in unhygienic conditions.Relying on precedent rulings, the court held that under the Food Safety and Standards (FSS) Act, only a food safety officer is empowered to initiate proceedings in such matters. The court also directed police to return the seized property after proper identification and verification under due acknowledgment.According to the petitioner, in April 2024, police raided the unit at Katedan, seized biryani masala, dry garlic and other material, registered a case and began investigation.Calling the case “illegal, unlawful, perverse and motivated,” the petitioner’s counsel, SM Saifullah, contended 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.”He further alleged 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 there was no material to show any offence and that without a food expert report, the case could not stand, counsel cited Supreme Court and erstwhile AP high court rulings in similar matters and sought relief on the same grounds.“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.