The Karnataka High Court has refused to interfere with an FIR against Earth Recycler Pvt. Ltd. and its directors over allegations that expired food products meant for recycling were allegedly re-labelled, re-packed and put back into the market.
Justice M. Nagaprasanna dismissed Criminal Petition No.9114 of 2026 on August 14, 2026, holding that the allegations required investigation and could not be shut down at the threshold on procedural grounds.
Background Of The Case
The petition arose from Crime No.185 of 2026 registered at Avalahalli Police Station, Bengaluru Rural. The FIR invoked Sections 23, 24 and 59 of the Food Safety and Standards Act, 2006, along with Sections 316(2), 318(4) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023. The petitioners approached the High Court under Section 528 of the BNSS, seeking quashing of the FIR and subsequent proceedings.
Earth Recycler's stated business involved collection and disposal of expired food products, damaged consumer goods and other discarded materials. The petitioners argued that they were engaged in recycling and scientific disposal and had not re-labelled or sold expired products for human consumption. They also contended that the Food Safety Act prescribed a specific procedure involving inspection, sampling, analysis and prosecution, which, according to them, had not been followed before the police case was registered.
The prosecution opposed the plea, pointing to the material collected during the April 22, 2026 spot inspection. The alleged inventory included milk, curd, fruits, vegetables, eggs, wheat flour, beverages and ready-mix products, besides non-food items. The record also contained material relating to the storage of products and alleged re-labelling activities.
Court's Observation
Justice Nagaprasanna examined the Food Safety and Standards Act provisions dealing with food labelling, unfair trade practices, unsafe food, search and seizure, prosecution and sampling. The Court noted that the Act does provide a specialised procedure for food-safety violations. However, it held that the present allegations were not confined to violations under that legislation.
The Court observed that the case also involved allegations under the BNS concerning cheating and related conduct. Therefore, the police could investigate those distinct allegations even though the dispute also concerned food products.
“The completeness of the special enactment cannot become a cloak of immunity against investigation into distinct offences alleged under the general penal law,” the Court said.
The High Court further clarified that the matter was still at the investigation stage. It directed that the police investigation should involve the competent Food Safety authorities wherever the Act requires their participation, while any prosecution must follow the statutory procedure.
The Court also rejected the argument that food sampling was necessarily required before the investigation could proceed. Since the petitioners' own business involved procuring already-expired products for recycling, the central question was not whether the products had expired, but whether they were allegedly diverted from recycling, re-labelled and returned to the market.
“Sampling cannot become the answer to a question which is not being asked,” Justice Nagaprasanna remarked.
Decision
The Court held that the allegations required investigation and that procedural objections could not justify quashing the proceedings at this stage. It observed that statutory safeguards must still be followed wherever applicable.
Justice Nagaprasanna ultimately found the petition “bereft of merit” and rejected it. The interim order, if any, operating in the petition was also directed to stand dissolved.
Case Details:
Case Title: Earth Recycler Pvt. Ltd. and Others v. State of Karnataka and Another
Case Number: Criminal Petition No.9114 of 2026
Judge: Justice M. Nagaprasanna
Decision Date: August 14, 2026
