Food Safety and Standards Act, 2006 – Sections 3(1)(zx), 3(1)(zz)(viii) & (xi), 26(1)(2)(i)(ii) & (v), 27(1), 27(2)(c) and 46(4) – This case involves a challenge to a private complaint filed by the Food Safety Officer against several parties, including the Managing Director of a retail store (A2), for offences related to substandard Aloe Vera Syrup. The Food Safety Officer alleged that the syrup contained excessive benzoic acid, rendering it unsafe. The central issue revolves around the delay in analyzing the food sample and the implications for the accused’s right to appeal.
The petitioner, A2, argued that the delay in analysis, which occurred beyond the product’s expiry date, deprived him of his right to appeal under Section 46(4) of the Food Safety and Standards Act, 2006.