M. K. RAMACHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are the accused in C.C.No.113/2019 on the files of the Judicial First Class Magistrate Court, Haripad, a case which arose out of a complaint filed by the Food Safety Officer, Haripad Circle under Sec. 42(5) of the Food Safety and Standards Act, 2006 (hereinafter referred to as 'the Act'). In the present petition filed under Sec. 482 Cr.P.C, the petitioners seek to quash the proceedings in the said case.

(2.) The complainant had purchased 2 Kgs of Coriander from the shop conducted by the first petitioner as licensee in Building No.337 situated in Ward No.17 at Nangiarkulangara in Chingoli Panchayat. The second petitioner is the warrantor who sold the above food item to the first petitioner. The aforesaid food item was found to have been unsafe under Sec. 3.1.(zz).(ix) of the Act since it contained dead and living insects in the analysis conducted by the Food Analyst. The second part of the sample was not sent to the Referral Food Laboratory since there was no such request in the appeal filed by the petitioners. In view of the above violation detected by the Food Safety Officer, he preferred a complaint before the learned Magistrate on 12/4/2019. The learned Magistrate took the complaint to files and issued summons to the petitioners to answer the charge under Sec. 26(1)(2)(i) read with Sec. 59(i) of the Act.

(3.) In the present petition, the petitioners would contend that the prosecution launched against them is prima facie unsustainable since the complaint does not bring out the offence alleged against them. It is further contended that there is infraction of the mandatory procedural requirements of the Act and the Rules framed thereunder, and hence the prosecution against them is liable to be quashed.