R. JAYARAM Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITION filed under Section 482 of the Code of Criminal Procedure (in short, "Cr.P.C.").

(2.) PETITIONER is the 2nd accused in C.C.No.29 of 2010 on the file of the Judicial First Class Magistrate Court, Thalassery. He along with other accused is arrayed in offences punishable under Sections 2(ia), 7(i) and 16(1)(a)(ii) of the Prevention of Food Adulteration Act, 1954 (in short, "the PFA Act"). Prosecution case, in brief, is that on 26.10.2009 at 11.00 a.m. the Food Inspector inspected a hotel by name Sree Gokulam Fort, Thalassery. At the time of inspection, the 1st accused was conducting trade in food articles. The Food Inspector after complying with all the formalities under the Act and the Prevention of Food Adulteration Rules, 1955 (in short, "the PFA Rules") and after giving Form VI notice notice, purchased urd whole (black gram) from the stock kept in the hotel. After packing, sealing and sampling the food item, it was sent for analysis to the Public Analyst, Calicut. The Public Analyst's report is produced as Annexure -AII. Having found that the food item was adulterated within the meaning of the relevant provision of the PFA Act and PFA Rules, the prosecution was launched.

(3.) LEARNED counsel for the petitioner submitted that immediately on receipt of the notice, the petitioner moved a petition under Section 13(2A) of the PFA Act for sending the food item to be analysed by the Central Food Laboratory, Pune. Annexure -AIV is the report by the Director of the Central Food Laboratory, Pune. It shows that the urd whole did not conform to the standards as per the PFA Rules.