Key Update

The Kerala High Court has quashed the case registered against the authorities of the Chottanikkara Devi Temple over alleged violations of the Food Safety and Standards Act and the Legal Metrology Act related to the distribution of ‘Neypayasam’.

A division bench comprising Justice V Raja Vijayaraghavan and Justice K V Jayakumar passed the order while considering a petition filed by the Cochin Devaswom Board (CDB). The petition challenged the show-cause notices issued by the food safety officer and the legal metrology inspector, as well as the proceedings pending before the Judicial First Class Magistrate Court in Chottanikkara.

Allegations Over Food Safety and Labelling

The notices, issued in February 2024 to the temple manager, alleged that the special ghee payasam offered as part of the temple’s ‘Nivedhya Vazhipadu’ did not comply with mandatory food safety and labelling requirements. In its affidavit, the Food Safety and Standards Authority of India (FSSAI) argued that any place of worship serving food as ‘prasadam’ falls within the definition of a “food business operator” and must therefore comply with the Food Safety and Standards Act, 2006, and related regulations.

CDB Points to Interim Stay and Compliance Measures

The CDB argued that despite an interim stay granted by the High Court on further proceedings, officials proceeded to submit a report before the magistrate’s court, which led to the registration of the case.  The Board also informed the court that it had obtained a modified licence from the Food Safety Commissioner during the pendency of the case and had introduced mandatory labelling details on containers used for packing Neypayasam.

Court Finds Prosecution Legally Unsustainable

After considering the submissions, the High Court set aside the show-cause notices and observed that initiating prosecution against the deity and the temple manager while the stay order remained in force was legally unsustainable. Accordingly, the court quashed all proceedings pending before the magistrate’s court against the petitioners.

Source: The Times of India