Authority: High Court at Calcutta
Order Date: 08.07.2026
Case Overview
- Parties: petitioner Sailesh Venkatesan (formerly Additional Director, Director and Managing Director of Mead Johnson India) vs. State of West Bengal & anr.
- Proceedings: Application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of the criminal proceeding in Charu Market Police Station case No. 333 of 2015 and charge‑sheet No. 190 of 2021 dated 06‑09‑2021, which invoked IPC Sections 269, 270, 272, 273, 114 together with Food Safety and Standards Act (FSS Act) Sections 51 and 59(ii).
- Background: A private complaint was lodged by Ms. Ayesha Ali on 10‑11‑2015 alleging that the infant formula Enfamil A+ Stage 3 (imported and distributed by Mead Johnson India) contained black dust particles and a live insect, leading to alleged health issues in her child. The FIR was registered the same day. After a four‑year gap, MJN India received a notice under CrPC Section 91 and replied on 05‑06‑2019, questioning jurisdiction. Two years later a notice under CrPC Section 161 was issued to the Director. The charge‑sheet filed on 07‑09‑2021 named three accused – the distributor, the shop owner, and the petitioner (as Accused No. 3); the company itself was not named.
- Legal Submissions:
- Petitioner's counsel argued that the FSS Act overrides the IPC for food‑safety offences, citing Supreme Court judgment in Ramnath v. State of UP and Allahabad High Court decision in Pepsico India Holding Pvt Ltd v. State of UP; therefore Sections 272/273 IPC were not maintainable.
- It was contended that the cognizance was barred by the one‑year limitation under FSS Act Section 77, as the alleged offence occurred on 08‑11‑2015, FIR on 10‑11‑2015, and charge‑sheet filed more than six years later.
- The counsel also asserted lack of jurisdiction of police to invoke Sections 51/59 of the FSS Act, which are exclusively enforceable by designated food‑safety officers, and that no sanction from the Commissioner of Food Safety was obtained.
- Vicarious liability was rejected, relying on Sunil Bharti Mittal v. CBI, Thermax Ltd. v. K.M. Jony, GHCL Employees Stock Option Trust v. Kranti Sinha, and Girish Bhai, Daya Bhai Sha v. C.C. Jani, emphasizing that specific allegation against each accused is required under IPC.
- The State’s counsel countered that the FIR was lodged promptly, investigation proceeded, and the petitioner was later added as accused based on material found.
- Court’s Analysis:
- The charge‑sheet indicated that laboratory analysis found the sample sub‑standard and unsafe, but no specific allegation linked the petitioner personally to the alleged contamination.
- The court noted that the company was not made an accused and that vicarious liability cannot be imposed absent statutory provision or explicit allegation.
- Citing Ramanath and PepsiCo precedents, the court affirmed that after the FSS Act came into force (29‑07‑2010) it has overriding effect over other food‑related statutes, rendering IPC Sections 272/273 inapplicable for food‑safety offences.
- The limitation period under FSS Act Section 77 was highlighted; cognizance taken after six years violated the one‑year bar.
- The court observed procedural irregularities: the learned Chief Judicial Magistrate took cognizance despite a stay order dated 07‑10‑2021, and no statutory provision existed to recall that order.
- The court concluded that there was no material to support proceeding against the petitioner, who was merely the Managing Director at the relevant time, and that proceeding would constitute an abuse of process.
Final Outcome
- The revisional application (CRR 558 of 2022) is allowed.
- The criminal proceeding pending before the Chief Judicial Magistrate, Alipore (Charu Market PS Case 333 of 2015) and the charge‑sheet No. 190 of 2021 dated 10‑11‑2015 are quashed with respect to the petitioner.
- All connected applications are disposed of.
- An urgent certified copy of the order shall be provided to the parties upon compliance with procedural requirements.
Topics: Food Safety, Criminal Procedure