Delhi HC quashes decade-old criminal cases in Maggi lead controversy
The Delhi High Court has quashed criminal proceedings against Nestlé India officials and distributors in connection with the 2015 Maggi noodles lead controversy, observing that subsequent scientific testing found the lead content in the product to be within permissible limits.
Justice Madhu Jain, in a judgment delivered on Thursday, held that continuing the prosecutions would amount to an abuse of the process of law. The court noted that the scientific foundation of the cases had substantially eroded after fresh tests were conducted by the Central Food Technological Research Institute (CFTRI) under the supervision of the Supreme Court.
The court thereby quashed the criminal complaints, the summoning orders issued in 2015 and 2016, and all consequential proceedings against retailers and other persons in Nestlé's supply chain in Delhi.
The controversy erupted in May 2015 when food safety officials in several states, including Delhi, collected samples of Maggi Extra Noodles as part of a nationwide sampling drive. Analysts reported that the lead content in the tastemaker exceeded the permissible limit of 2.5 parts per million (ppm). A complaint also alleged misbranding over the "no added MSG" declaration. Based on these findings, complaints were filed under the Food Safety and Standards Act, 2006, leading to criminal prosecution against retailers, suppliers, and representatives of Nestlé India.
Following the initial reports, Nestlé India recalled around 38,000 tonnes of Maggi noodles from the market. The Food Safety and Standards Authority of India (FSSAI) imposed a nationwide ban in June 2015, declaring the product unsafe for consumption. Nestlé challenged the ban in the Bombay High Court, which in August 2015 set it aside, finding that the laboratories whose reports formed the basis of the ban lacked statutory accreditation under the Food Safety and Standards Act. However, the Supreme Court later allowed the ban to continue while directing CFTRI to conduct fresh tests.
The petitioners in the criminal cases argued that the prosecutions could not survive in light of the Bombay High Court's decision and the subsequent tests. They relied on testing by accredited laboratories and the CFTRI report, which reportedly found the lead content to be within permissible limits. The CFTRI report, submitted in October 2015, confirmed that lead levels were well within the prescribed threshold, leading to the lifting of the ban.
The High Court's decision underscores the principle that criminal proceedings cannot be sustained when the foundational scientific evidence has been discredited. The court observed that the fresh tests conducted by CFTRI, an accredited CSIR laboratory, had authoritatively settled the question of lead content in Maggi noodles, rendering the earlier complaints untenable.
Justice Jain said, "This court is of the considered view that permitting the present prosecutions to continue would serve no useful purpose."
The ruling brings closure to the criminal proceedings in Delhi related to the controversy. Nestlé India has consistently maintained that its products comply with all safety standards and that the allegations were unfounded.
