FSS Act | Date of Offence Would Be When Food Analyst Report Is Received, Not When Sample Was Collected: Allahabad HC

The Allahabad High Court has held that under the Food Safety and Standards Act, 2006, the date of commission of an offence is determined by the receipt of the food analyst's report about unfit/unsafe food and not by the date when the sample of food is collected. A bench of Justice Arun Kumar Singh Deshwal observed thus while relying upon the Supreme Court's ruling in the case of State of Rajasthan vs Sanjay Kumar and others 1998, wherein it was held that considering Section 469 of CrPC, for purposes of the Drugs and Cosmetic Act, 1940, the date of commission of offence would be the date on which the report of Government Analyst was received. Further, the Court added that if it is considered that the complaint was filed after one year from the date of commission of offence, even then, the same would not be barred by limitation as Section 77 of the 2006 Act allows for an extension of up to three years if the Commissioner of Food Safety records specific reasons for the delay in prosecution. “So far as the contention of counsel for the applicant that the offence is punishable for one year and because of Section 468 Cr.P.C., the cognizance cannot be taken after one year is concerned, is incorrect because as per Section 77 of the Act, 2006 prosecution even after one year can be approved by the Commissioner, Food Safety and the same has already been approved by the Commissioner by order dated 20.06.2019,” the Court observed.