HYDERABAD: The Telangana High Court quashed criminal proceedings initiated by the H-FAST wing under the Hyderabad Police Commissioner’s office in an alleged food adulteration case, holding that such matters fall within the jurisdiction of authorities empowered under the Food Safety and Standards Act, 2006.
Justice J Srinivas Rao passed the order while allowing a criminal petition filed by Jivani Sahil Firoz Ali seeking quashing of an FIR registered by Mailardevpally police station under sections 318(4) and 274 of the BNS.
The court observed that only food safety officers and competent authorities appointed under the FSS Act are authorised to inspect premises, collect samples, conduct seizures and initiate prosecution in food adulteration cases.
According to the prosecution, police led by a sub-inspector from Mailardevpally police station raided Sahil Foods in Kattedan on April 15 over allegations that biryani masala was being prepared using adulterated ingredients in unhygienic conditions.
During the raid, police allegedly found spoiled garlic and unhygienic surroundings and seized 58 cartons of biryani masala along with two bags of dry garlic weighing 24 kg.
However, the high court held that the police lacked statutory authority under the FSS Act to conduct such an inspection and investigation and consequently quashed the FIR and all consequential proceedings.
The court also directed the station house officer and investigating officer to return the seized property to the petitioner after due verification and acknowledgement.
