Bombay HC
“Allowing the criminal proceedings to continue in their present form would amount to a clear abuse of the process of the court,” said Justice Ranjitsinha Bhonsale on Sept 11. Mumbai: Bombay high court has quashed and set aside criminal proceedings against Britannia Dairy Pvt Ltd over allegations of fungus in a sample of cheese cubes. It held that the company was denied rights under Food Safety and Standards (FSS) Act as it was issued a notice after expiration of the product’s shelf life.
Judge Criticizes Magistrate’s Order in Britannia Case
A recent ruling by the judge in the Britannia case highlighted significant flaws in the magistrate’s order. The judge, agreeing with senior advocate Aabad Ponda, described the order as a ‘rubber stamp’ that lacked thoughtful consideration.
Key issues included a delay in issuing the notice and the failure to provide a laboratory testing report. The judge emphasized that these factors deprived the applicant of their statutory right to have the food sample tested and to file an appeal. As a result, the judge concluded that continuing the proceedings was ‘entirely untenable.’