Bombay High Court

YOGESH KAILAS LAHANEversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: APPLICATION ALLOWED

Holding

The court held that the absence of skimmed milk powder does not attract penal provisions under the Food Safety and Standards Act, 2026, and only a fine is provided, therefore bail was granted.

Summary

Yogesh Kailas Lahane applied for bail in Crime No. 355 of 2026 for allegedly supplying milk dangerous for consumption. The court ordered a chemical analysis, which found formalin in the milk and classified it as sub‑standard under Chapter I, Section 3(1)(zx) of the Food Safety and Standards Act, 2026, but noted the absence of skimmed milk powder. The judge observed that the Act provides only a monetary fine (up to Rs.5 lakhs) for such a violation and does not prescribe a penal provision for the specific deficiency. Consequently, the court found no statutory ground to deny bail. The bail application was allowed subject to a Rs.50,000 bond, sureties, and undertakings not to repeat the offence or tamper with evidence.

Issues considered

Whether the presence of formalin and the sub‑standard quality of milk attract penal provisions under the Food Safety and Standards Act, 2026
Whether the absence of skimmed milk powder in the sample triggers any penal provision under the same Act
Whether bail can be granted in view of the alleged offences under the Bhartiya Nyaya Sanhita, 2023 and the Food Safety and Standards Act, 2026

Legislation cited

Bhartiya Nyaya Sanhita, 2023 — s. 111, 123, 274, 275, 3(5), 61
Food Safety and Standards Act, 2026 — s. 3(1)(zx), 51

Subjects

bail
food safety
sub‑standard milk
formalin
penal provision
Food Safety and Standards Act
Bhartiya Nyaya Sanhita
criminal procedure

Judgment

2026:BHC-AUG:47042
                                                                      55BA1616-26

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                             55 BAIL APPLICATION NO. 1616 OF 2026

                                      Yogesh Kailas Lahane
                                            VERSUS
                             The State Of Maharashtra And Another
                                               ...
            Mr. Patekar Narendra B, Advocate for the Applicant
            Mr. S. D. Ghayal, APP for the Respondent-State


                                   CORAM : HITEN S. VENEGAVKAR, J.
                                     Dated : 5th October, 2026
            PER COURT :-

            1.       Heard learned Advocate for the applicant and learned APP for

            the State.


            2.       By the order dated 22.09.2026, this Court had directed the

            Chemical Analyzer’s report to be obtained expeditiously so as to

            ascertain whether, the milk that was found to be dangerous for

            consumption contains any ingredients which attract the punishment for

            the offences alleged against the present applicant in Crime No. 355 of

            2026 registered with Phulambri Police Station, District Chhatrapati

            Sambhaijnagar.


            3.       The report dated 07.09.2026 has been placed on record by the

            learned APP. The said report is issued by the office of the Assistant

            Commissioner for Food and Drug Administration, Chh. Sambhajinagar.

            The report dated 20.08.2026 is perused, which is issued by the Food



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Analyst,Food and Drug Administration Laboratory, Chh. Sambhajinagar.

It makes reference that the product has tested positive in the test for

Formaline and it mentions that the said formaline may have been

added as preservative. The standards requiring milk fat as per FSSAI

manual and milk solids not fat along-with all the other parameters, the

result is negative.   Even the report specifically says that the test for

skimmed milk powder is negative. The opinion given by the expert

pertaining to the sample received refers that is a mixed milk declares

it as sub-standard as per Chapter I, Section (3)(1) (zx) of the Food

Safety and Standards Act, 2026 and its Regulations.


4.       The absence of skimmed milk power from the sample, in my

mind, prima facie, does not attract penal provisions of the Food Safety

and Standards Act. The only provision that gets attracted for supplying

substandard product is 3(1)(zx) read with section 51 of the Food Safety

and Standards Act, 2026 and its Regulations.        Perusal of the said

provisions shows that there is fine provided which may extend up to

Rs.5 lakhs, however, it does not mentions any penal provision in

contravention of the said section.      Taking into consideration the

Chemical Analyzer’s Report, I am inclined to allow the application.

Hence the following order:


                                ORDER

(i)    Bail Application No. 1616 of 2026 is allowed.

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           (ii)    Applicant- shall be released on bail in Crime No. 355 of 2026
                   registered with Phulambri Police Station, District Chhatrapati
                   Sambhajinagar for the offences punishable under sections 61,
                   111, 123, 274, 275, 3(5) of the Bhartiya Nyaya Sanhita, 2023
                   and under Sections 26, 27, 3(1)(zz)(vi), 59 of the Food Safety
                   and Standard Act, 2026 on executing P.R. Bond of Rs.50,000/-
                   (Fifty thousand only) with one or two solvent sureties in the like
                   amount.

           (iii)   Undertaking be filed by the applicant that       henceforth    the
                   product will be of permitted parameters and he will not indulge
                   himself in any other offence violating the provisions of the Food
                   Safety and Standard Act, 2026.

           (iv)    The Applicant shall not pressurize the prosecution witnesses and
                   shall not tamper with the prosecution evidence, in any manner.




                                                       (HITEN S. VENEGAVKAR, J.)
JPChavan




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