P.P.MANOJ Vs. FOOD INSPECTOR

JUDGEMENT

(1.) PETITIONS filed under Section 482 of the Code of Criminal Procedure (in short, "Cr.P.C."). Since common questions arise in these cases, they are heard together and disposed by this common order.

(2.) THE complaint in Crl.M.C.No.1317 of 2011 (Annexure -I) shows the following allegations: On 15.10.2005 at 4.00 p.m., the complainant/Food Inspector conducted an inspection in Surya Hotel run by the accused. After issuing Form -VI notice and paying price for the commodity, he purchased 750 grams mango pickle. It was taken in a clean and dry steel vessel. Subsequently the contents were packed in polythene covers. After labelling and sealing the samples, Form -VII memorandum was prepared. One of the samples was sent for analysis to the Public Analyst, who issued Annexure -II analysis report. On the finding of the Public Analyst that the sample did not conform to the standards prescribed for pickle under A.16.16 of Appendix B to the Prevention of Food Adulteration Rules, 1955 (in short "the Rules"), the prosecution was launched.

(3.) THE petitioners (accused) challenge the maintainability of the prosecution on various legal grounds.