P K GOPINATHAN NAIR Vs. EXECUTIVE OFFICER

JUDGEMENT

(1.) THERE are eight petitioners in this petition. The petition is filed under Section 482 of the Code of Criminal Procedure, 1973, The petitioners seek to quash the prosecutions pending against them before the Sub-Divisional Magistrate. Chengannur, as C. Cs. Nos. 42 to 48 and 57 of 1975. The second petitioner, who is the accused in C C. No. 47 of 1975, has sworn to an affidavit on behalf of all the petitioners.

(2.) THE first respondent is the Executive Officer of Anikkad Panchayat and the second respondent is the Food Inspector, Thiruvella Circle. The first respondent issued a notice, to each of the petitioners separately, calling upon them to take licences under the Prevention of Food Adulteration Act, Act 37 of 1954. for short the Act, since they are authorised distributors of rationed ' articles like wheat, rice, etc. The petitioners submitted a written representation before the Panchayat requesting that Executive Officer be directed not to insist upon the petitioners in take out licence which according to them is unwarranted either by the Act or by the Rules, It is stated that the petitioners received a reply from the Panchayat that the matter has been referred to the District Panchayat Officer, Alleppey. Thereafter, the petitioners received a notice from the Food Inspector, the 2nd respondent, dated 9-1-1975, calling upon each of them to take licence under the Act within seven days and report the matter to him and threatening with prosecution on failure to comply with the said notices. The petitioners did not comply with the notice and therefore prosecutions were launched against them.

(3.) THE petitioners appeared before Court on receipt of the summons. On 4-4-1975 the Food Inspector was examined and the case was adjourned to 14-4-1975 for his cross-examination. It is at this stage that the petitioners have come to this Court.