In a recent legal development, the High Court of Madhya Pradesh in Indore has rejected a petition filed by Hindustan Coca-Cola Beverages Pvt. Ltd. The petition aimed to annul a 2014 order related to a food safety case concerning the “Mazza” Mango Drink.

On October 20, 2023, Justice Vivek Rusia presided over the case. The petitioners, who were represented by the experienced senior counsel Shri Satish Chandra Bagadiya, filed their petition under Section 482 of the Code of Criminal Procedure, 1973. On the opposing side were the respondents, The State of Madhya Pradesh, with representation by Smt. Nirmala Somkuwar, who serves as the Food Safety Officer for the Food & Drugs Administration in District Dewas.

The case's storyline began when "Mazza Mango Drink" from Shree Vaishnavi Restaurant in Tonk Khurd, District Dewas, was sampled in March 2013, prompted by suspicions of adulteration. Upon subsequent analysis, it was determined that the sample was not fit for consumption due to the presence of fungal growth. This finding led to a joint complaint being filed against multiple individuals, including the petitioners, by the Food Safety Officer.

The court's statement can be paraphrased as follows: "Regarding the primary argument put forth by Shri Bagadiya, the senior counsel, that the petitioners were charged without due consideration by the learned Judicial Magistrate First Class in Tonk Khurd, District Dewas, through an order dated August 20, 2014, it must be dismissed on the basis that this order dated August 20, 2014, does not constitute the formal initiation of charges against the petitioners."

The judge carefully examined a range of arguments presented by both the petitioners and the respondent. These arguments covered issues such as product liability, the prosecution's time limits, and the legitimacy of the sanction provided by the Designated Officer. In the process, the judgment made specific reference to the Food Safety & Standard Act, 2006, to determine the lawfulness of the prosecution in this particular case.

The judge's observation can be rephrased as follows: "The manufacturer is not only a producer but also a seller, and they bear the responsibility of ensuring that hazardous food products are not made available to consumers. Every party involved, including the packer, wholesaler, distributor, or seller, operates under an agreement with the manufacturer. Therefore, it is the manufacturer's duty to guarantee that none of their products are left on the shelves of wholesalers, distributors, or sellers past their expiration date. They should either be withdrawn from the market or subject to a recall."

The judgment resulted in the dismissal of the Miscellaneous Criminal Case of 2019. It emphasized the importance of addressing specific issues throughout the trial. This highlights the intricacies involved in food safety cases and underscores the obligations placed on manufacturers to guarantee the quality of their products.

Case: Hindustan Coca Cola Beverages Pvt. Ltd. vs The State of Madhya Pradesh, MISC. CRIMINAL CASE No. 36435 of 2019.

Read/Download Order: HINDUSTAN COCA COLA BEVERAGES PVT. LTD Vs.THE STATE OF MADHYA PRADESH