A J JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONERS were accused in S.T. No.2653 of 2007 of Judicial Magistrate of the First Class-I,Kochi. They were prosecuted for the offences punishable under Section 2(1)(ia)(m), (7)(1) and Section 16(1)(a1) of the Prevention of Food Adulteration Act and Rule 5 of appendix B Item No.A05.01 of PFA Rules, 1955. The second accused firm of which the first accused is the Production Supervisor.

(2.) THE Food Inspector visited he unit of the second accused and took samples of "AROMA SUPER" grade standard coriander powder on 18.4. 2007. After complying with the necessary formalities, the sample was forwarded to the Public Analyst. Public analysis report was dated 28.5.2007. Since the date was not found to be in conformity with the other standards prescribed, prosecution was launched. Petitioner entered appearance and they invoked Section 13 (2) of the PFA Act. THE report received from the Central Food Laboratory is produced as Anenxure III. Before the trial court when the proceedings began to continue, that was challenged by the petitioners before this court.

(3.) THE claim of the petitioners that since there is difference in the report between the Public Analyst and the Central Food Laboratory, prosecution has to fail, cannot be accepted. It is well settled by now that once the Central Food Laboratory report is obtained, the Public Analyst report is superseded and the latter cannot be looked into for any purpose. Equally without basis is the contention regarding delay. It is true that there is some delay in launching the prosecution after Public Analysis report was obtained. One has to remember that the sanction has to be obtained and it takes sometime. THE mere fact that there is some delay in launching the prosecution cannot prejudice the petitioners at all. THE sample forwarded to the Central Food Laboratory has been analysed and there is no observation in the report that due to the delay the article is not capable of being analysed or that the delay has affected the components of the article. THErefore this ground too has to fail.