Delay, Denial, and Direct Cognizance: Why the Bombay High Court Quashed the Prosecution in C.B. Healthcare v. Union of India

 

The Bombay High Court’s decision in Ms. C.B. Healthcare and Ors. v. Union of India is a significant reminder that prosecutions under the Drugs and Cosmetics Act, 1940 must satisfy not only public health objectives but also the statutory safeguards built into the Act and the Rules. In a judgment delivered on 24 March 2026, Justice N.J. Jamadar quashed the criminal prosecution against the manufacturer and its partners, holding that the cumulative procedural lapses had destroyed the accused’s valuable right to challenge the analyst’s report and had rendered the continuation of prosecution an abuse of the process of court.

Facts and procedural history

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Whether it can be presumed that food product is not fit for testing if its shelf life has expired?

 Learned counsel for the applicants submitted
that the oil was manufactured on 22-6-2004 and the shelf
life was six months but the complaint was filed after 16
months and so the right given under section 13(2) of the
Act was lost. This contention is also not acceptable.
Report of the Public Analyst shows that the sample sent
was fit for testing. At this stage, it needs to be presumed
that the procedure as laid down in section 13 of the Act
was followed. It is not the case of the applicants that the
applicants wanted to avail the right and they had followed
the procedure as laid down in section 13(2) for sending
the second sample. Further, in the present matter the
substances mentioned in the report were found in the
edible oil. At this stage it cannot be said that such

substance is a bye-product when such oil is extracted
from seeds. Mixture of such substance is apparently not
permissible. In view of these circumstances the accused
ought to have exercised the right given under section
13(2) of the Act as the Local Health Laboratory had given
report that the sample was fit for testing and the sample
was found to be adulterated.
8) Learned counsel for the applicants placed
reliance on some reported and un-reported cases. In the
case reported as 1985 Cr.L.J. 1255 (Bombay High Court)
(Y.M. Koli v. D.A. Kokani) the Court held that the accused
was entitled to acquittal if on account of delay in filing
complaint the remaining samples had become unfit for
analysis. The substance involved was milk. In the case
reported as 2010(2) FAC 239 (Nagpur Bench) (Shivkumar
vs. State of Maharashtra) the matters involving
substances like mixed fruit jam, Rex Pineapple jam, Anik
ghee and Nutrela Vanaspati were considered. Samples
were apparently collected in April 1996 and prosecution
was instituted on 7-7-1999. It was held that there was no
compliance of section 13(2) of the Act as the report of the

Public Analyst was not sent to the person from whom
sample was taken. In view of the facts of those cases
criminal applications were allowed and the prosecution
and the cases were quashed. It needs to be observed that
in view of provisions of section 13(2) and 13(2-A) right
needs to be exercised by the accused and there is no
provision in the Act showing that the Court needs to act
with the presumption that after shelf life period, the food
article gets destroyed, it becomes unfit for testing. Food
substance may be different in each case. What can be true
in case of milk collected from container or curd collected
from container may not be true in respect edible oil
collected from closed tin after opening it. Further, as
already observed, in view of the definition of adulterant, in
some cases things which are found as adulterant cannot
come in existence due to process of decomposition.
Unless there is report of the laboratory that the sample is
not fit, the Court cannot raise such presumption. Each
case needs to be dealt with separately on the facts and
circumstances of that case. So, with due respect this
Court observes that the observations made in the cases
cited supra are of no use in the present matter.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
Criminal Application No.2841 of 2006
 Cargill Foods India Ltd. V The State of Maharashtra.

 CORAM: T.V. NALAWADE, J.

 DATE : 25 JANUARY 2017
Citation: 2017 ALLMR(CRI) 1397

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Whether prosecution can be quashed on the ground that shelf life of food had expired when prosecution was launched?

The contention on behalf of the applicants that the expiry date of
the sample has gone and thereafter the complaint has been filed and
therefore, the valuable right of the accused to get the sample further
analyzed by the Central Food Laboratory has been taken away and/or
grave prejudice shall be caused to the accused is concerned, at this stage
Rule 32 of the Rules is required to be referred to. “Best Before Date”
under Rule 32 of the Rules, merely requires the manufacturer to indicate
the period during which the product would remain fully marketable and
retain its specific qualities. Explanation VIII(i) thereunder provides that
beyond   the   “Best   Before   Date”,   the   food   may   still   be   perfectly
satisfactory. Expiry of the “Best Before Date” or the shelf­life of the
product   would   only   enable   the   manufacturer   to   disclaim   liability
regarding the marketability and the specific qualities of the product.
Expiry of the shelf­life would not automatically render the sample unfit
for analysis. Therefore, unless and until the sample is sent to the Central
Food Laboratory that too on the application made by the accused and

the Central Food Laboratory certifies that the sample is unfit for analysis
because of the delay, the contention on behalf of the accused would be
merely on assumption and presumption. That on mere apprehension
and/or   assumption   and   presumption,   the   criminal   complaint   is   not
required to be quashed and set aside and that too in exercise of powers
under Section 482 of the CrPC. 
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION  NO. 10672 of 2010

HOTEL SAVERA ­ THRO' ITS PARTNERS  &  3....Applicant(s)
Versus
STATE OF GUJARAT  &  1....Respondent(s)

CORAM: HONOURABLE MR.JUSTICE M.R. SHAH
Date : 13/02/2015
Citation;2016 CRLJ 1070 GUJ

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