Karnataka HC refuses to quash FIR against Earth Recycler in food safety case

The Karnataka High Court has observed that food safety inspections cannot remain occasional exercises carried out only after public outrage over incidents involving expired or unsafe food. The observation was made while the court dismissed a plea and refused to quash an FIR registered against Chennai-based Earth Recycler Private Limited.

Justice M Nagaprasanna said that the fact that a hotel kitchen is beyond a customer’s view does not place it beyond the law. The court stressed the need for continuous vigilance, proper tracking of expired stock, timely destruction of food unfit for consumption, and stringent consequences to ensure that compromising consumer health does not become a profitable business practice.

The criminal case arose after police conducted a mahazar and registered an FIR against Earth Recycler Private Limited. The company was booked under Sections 23, 24, and 59 of the Food Safety and Standards Act, as well as Sections 316(2) and 318(4) of the Bharatiya Nyaya Sanhita (BNS), relating to criminal breach of trust and cheating.

The company subsequently approached the High Court seeking the quashing of the proceedings, arguing that the police action was contrary to the procedure prescribed under the Food Safety and Standards Act.

Rejecting the contention, the High Court held that the existence of a special law does not prevent the police from acting when the information received discloses conduct that may constitute an offence beyond the scope of the Food Safety Act.