Kolkata: Observing that food can be deemed adulterated solely for failing to meet statutory standards, even without proven health risks, the Calcutta High Court upheld the conviction of two individuals for selling substandard ‘chhanna’—endorsing the Kolkata Municipal Corporation’s (KMC) efforts in a 2003 food safety case.
While modifying the sentence due to the time elapsed, the bench of Justice Chaitali Chatterjee Das directed that half of the revised fine be paid to the civic body.
The case originated when a KMC Food Inspector collected a sample of chhanna from a local shop on March 11, 2003. Laboratory analysis revealed that the sample had a higher-than-permissible moisture content and significantly lower milk fat, falling short of the standards under the Prevention of Food Adulteration Act, 1954. Based on this, the KMC prosecuted the shop owner and another individual. They were convicted by the Municipal Magistrate in 2006, and the conviction was upheld by the appellate court in 2007. The petitioners later approached the High Court, questioning the fairness of the trial and raising procedural objections. The High Court, however, found no irregularities in the findings of the lower courts. It held that the government analyst’s report, backed by other evidence, clearly established that the food item was adulterated as per legal definitions.
The court observed that failure to meet prescribed food standards constitutes adulteration, even if no health hazard is proven. Considering that the case had remained pending for over two decades and that the petitioners had no prior criminal history, the court reduced the original sentence of six months’ imprisonment to a fine of Rs 10,000.
Significantly, the court directed that Rs 5,000 of this amount be paid to the KMC, recognising the civic body’s role in protecting public health through rigorous food safety checks. The fine must be paid within two weeks.