The Kerala High Court has quashed a criminal case registered against the authorities of Chottanikkara Devi Temple. The case alleged violations of the Food Safety and Standards Act and the Legal Metrology Act in connection with the distribution of 'Neypayasam', a special ghee payasam offered as prasadam.
Court Order and Background
A division bench comprising Justice V Raja Vijayaraghavan and Justice K V Jayakumar issued the order while hearing a petition filed by the Cochin Devaswom Board (CDB). The petition challenged show-cause notices issued by the food safety officer and the inspector of legal metrology in February 2024, as well as subsequent proceedings before the Judicial First Class Magistrate Court in Chottanikkara.
The show-cause notices alleged that the temple manager was selling Neypayasam in containers without mandatory details such as quantity, maximum retail price (MRP), date of packing, and date of expiry. The CDB argued that temple prasadam should not be classified as a food item under the Food Safety and Standards (Packaging) Regulations and the Food Safety and Standards (Labelling and Display) Regulations.
FSSAI's Stand and CDB's Counter
The Food Safety and Standards Authority of India (FSSAI) countered that any place of worship serving food as prasadam qualifies as a 'food business operator' and must comply with the Food Safety and Standards Act, 2006, and related rules. However, the CDB pointed out that despite an interim stay order from the High Court, the respondents submitted a report to the magistrate court, leading to the registration of a case. Additionally, the CDB had obtained a modified licence from the food safety commissioner and introduced containers with all mandatory particulars for Neypayasam.
High Court's Observations
The High Court noted that initiating prosecution against the deity and temple manager while its stay order was in effect was impermissible and unsustainable in law. Consequently, the court set aside the show-cause notices and quashed the proceedings pending before the magistrate court against the petitioners.
