Bombay HC dismisses criminal case against Nestle over quality of Maggi

New Delhi: The criminal case against Nestle India and its office-bearers was recently dismissed by the Bombay High Court in Nagpur for concerns over the quality of Maggi Instant Noodles.

The complaint was filed because of concerns that the product didn't adhere to key food safety regulations.

Justice Urmila Joshi Phalke in a ruling on January 7 ruled that the prosecution should be discontinued as the case brought under the Food Safety and Standards (FSS) Act was based on an invalid laboratory result.

“It is clear that Section 43(1) mandates that the Food Analyst has to analyse the food in a laboratory accredited by the National Accreditation Board for Testing and Calibration Laboratories (NABL), recognised by the Food Authority, and notified by it. The Referral Food Laboratory, Ghaziabad in Uttar Pradesh is not one of the laboratories accredited by NABL, and therefore, it cannot be said to be the laboratory recognised by the Food Authority under Section 43(1) of the FSS Act,” the Court said.

The court added that because the samples were not examined by a laboratory accredited by Section 43 of the FSS Act, the Food Analyst's report from December 31, 2015, could not be considered.

The Court dismissed the case stating "Therefore, the report, which is the foundation for launching the prosecution against the applicants, cannot be relied upon."

The case started when Food Safety Officer Kiran Rangaswamy Gedam submitted a complaint in April 2016. The food safety inspector on April 30, 2015, visited Nestle India's Logistic Hub in Nagpur and took samples of “Maggi Instant Noodles with Tastemaker” and “Baby and Me” nutritional supplement. 

The Maggi noodles satisfied the requirements, according to a report from the State Public Health Laboratory in Pune.

He (Gedam) sent the sample to the Referral Food Laboratory in Ghaziabad, nevertheless, because he was unhappy with the results. There, a reanalysis report showed that the noodles did not qualify. A criminal case was filed against Nestle India and its office bearers as a result of this disparity.

Senior advocate SV Manohar representing Nestle defended the company by stating that the Referral Food Laboratory in Ghaziabad, Uttar Pradesh, was not one of the laboratories authorised by NABL and, as a result, could not be considered a laboratory approved by the Food Authority following Section 43(1) of the FSS Act.

Manohar went on to say that the Ghaziabad laboratory's findings should not be recognised because there was complete non-compliance with the aforementioned provisions.