Lack of Central Government-Recognized Laboratory Analysis Leads to Acquittal in Food Adulteration Case: Kerala High Court
In a recent decision, the High Court of Kerala at Ernakulam has acquitted a defendant in a food adulteration case due to a critical deficiency in laboratory analysis. The judgment, delivered on October 30, 2023, underscores the necessity of conducting analyses in laboratories recognized by the Central Government, as mandated by Section 23(1-A)(ee) of the Prevention of Food Adulteration Act, 1954.
The revision petition, which challenged the legality, propriety, and regularity of judgments in Crl.A. No.126/2003 by the Appellate Court and S.T.C.No.474/1997 by the Trial Court, revolved around allegations of selling adulterated banana chips. The Prosecution relied on an analysis report from a Public Analyst to establish the presence of prohibited substances in the product.
In a significant observation, the Court emphasized the importance of the analysis procedure, stating, “Due to the non-compliance with the mandatory requirement of analysis in a recognized laboratory, the prosecution fails.” This ruling reaffirms the Supreme Court’s position that analysis reports must be obtained from laboratories defined under Section 23(1-A)(ee) of the Act for a successful prosecution.
The Counsel for the revision petitioner argued in line with Supreme Court judgments, asserting that without such analysis, the prosecution would inevitably fail. The Court’s decision has far-reaching implications for food adulteration cases and emphasizes the need for strict adherence to legal procedures.
However, the Public Prosecutor contended that Public Analysts, appointed under Section 8 of the Act, make the Supreme Court’s judgment inapplicable to this case. This disagreement with the previous Supreme Court ruling formed a crucial aspect of the legal debate.
The judgment ultimately resulted in the acquittal of the revision petitioner, with the Court setting aside the impugned judgments below. This case serves as a significant legal precedent, highlighting the importance of proper laboratory analysis in food adulteration cases and clarifying the consequences of non-compliance with statutory requirements.
Date of Decision: 30 October 2023
K.ABDUL RASHEED VS STATE OF KERALA
