Authority: High Court of Karnataka, Bengaluru

Order Date: 14 August 2026

Case Overview

  • Parties: Petitioners – Earth Recycler Private Limited (registered at Site No.57/3, Kada Agrahara, Bidarahalli Hobli, Bengaluru) represented by authorized signatory Mr. Aamir Ahmed Chuna (Manager) and directors Mr. Mohammed Dawood S. and Mr. Abdul Kadir Kalathoor. Respondents – State of Karnataka represented by Avalahalli Police Station, Bengaluru Rural, and private respondent Sri Anil Kumar B.
  • Petition: Criminal Petition No. 9114 of 2026 filed under Section 482 of the Criminal Procedure Code and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quash of FIR/complaint dated 21‑04‑2026 (Crime No.185/2026) alleging offences under Sections 23, 24, 59 of the Food Safety and Standards Act, 2006 and Sections 316(2), 318(4) read with 3(5) of the BNS 2023.
  • Allegations: The company is engaged in collection and disposal of expired food products and other waste. The complainant alleges that Earth Recycler re‑labelled, re‑packed and sold expired food items (milk, curd, fruits, vegetables, eggs, wheat flour, soft drinks, ready‑mix products) and non‑food articles (washing powder, shampoo) to the general public. Police seized 4,680 kg of expired damaged oil (as shown in tax invoice ERPL/2526/0208) and conducted a spot “mahazar” on 22‑04‑2026, recovering a wide inventory of packaged food and household items.
  • Food Safety Licence: Earth Recycler holds a State licence under the Food Safety Act (License No. 11225302001648) issued on 05‑07‑2025, valid up to 04‑07‑2026, for “Trade/Retail – Retailer” and “Trade/Retail – Wholesaler” activities at sites 11‑14, LK Enclave, Bidarahalli Hobli, Bengaluru. Person in charge of operations: Aamir Ahmed Chuna (mobile 8217827818, email aamir.chuna@yahoo.com).
  • Procedural Contentions: Petitioners argued that the Food Safety Act is a complete code; registration of the crime without a preliminary enquiry, notice, or compliance with Sections 41, 42, 47 of the Act is improper. They relied on the Supreme Court decision in Sushil Kumar Gupta v. State of West Bengal. The State argued that the alleged re‑labelling and sale constitute serious public‑health violations and that police investigation is justified even alongside the special enactment.
  • Court’s Analysis: The Court observed that the business of the petitioners is undisputed and that the licence is valid. It noted that the allegations extend beyond mere regulatory infractions to offences under the BNS, and that procedural technicalities cannot become a shield against investigation of matters affecting public health. The Court held that Sections 41‑47 prescribe the investigative procedure but do not preclude police action where offences under the penal code are involved. Consequently, the petition was found to be without merit.

Final Outcome

  • The petition to quash Crime No.185/2026 is dismissed. The interim order, if any, stands dissolved. Police investigation will continue, and any eventual prosecution must follow the statutory architecture of the Food Safety Act and the applicable penal provisions.

Topics: Food Safety Regulation, Criminal Procedure, Public Health