In a courtroom twist sharper than a stale biscuit’s crunch, the Karnataka High Court has tossed out criminal proceedings against Hindustan Unilever CEO Rohit Jawa over allegedly pesticide-laced Horlicks biscuits. Why? Because the company itself wasn’t even named in the complaint.
Justice JM Khazi, who penned the ruling on July 3, didn’t mince words: “You can’t go after the captain if you haven’t even summoned the ship.” In legal speak, the judge said that under the Food Safety and Standards Act, no top brass can be hauled up unless the company they represent is also in the dock.
This case bubbled up from a complaint lodged in June 2023 by a BBMP food safety officer. A batch of Horlicks biscuits sold at a Bengaluru store had reportedly tested positive for excessive chlorpyrifos—a pesticide. But instead of naming Hindustan Unilever Limited, the officer went straight for Jawa’s name, citing Sections 51 and 59 of the FSS Act. The special court for economic offences bought it, at least at first, issuing summons to Jawa.
Jawa fought back, filing a petition under Section 482 of the CrPC. Represented by advocate Ahaan Mohan, he argued the complaint was flawed on multiple fronts: the company wasn’t named, the product in question was finished and not raw (where the rules differ), and the whole thing seemed rushed—what he called a “mechanical” cognisance by the trial court.
The High Court found merit in every bit of it. Justice Khazi leaned on earlier rulings—from the likes of Pepsico, Hindustan Unilever Ltd v. State of Madhya Pradesh, and Reckitt Benckiser—which all echoed a basic principle: you can’t hold the officer liable unless the company is in the courtroom too.
There was no evidence that Jawa personally signed off on the batch, knew of any violation, or had anything to do with the alleged contamination. The court didn’t just slam the brakes—it gave directions. The complainant was allowed to go back to the drawing board and file a fresh case—this time with the company named—if they still felt like pursuing it.
As for now, the CEO walks free. The biscuits? Still under scrutiny.
