V G K MENON Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are the President and members of the Travancore Devaswom Board, who have been arrayed as accused persons 3, 4 and 5 in S.T. No. 175 of 1997 on the file of the Judicial First Class Magistrate, Ranni, a case instituted on a complaint by the second respondent, the Food Inspector, Ranni - Perinad Panchayat, Pathanamthitta Circle alleging an offence under the Prevention of Food Adulteration Act.

(2.) On 8.1.1997 at about 4 PM, the second respondent Food Inspector, Ranni - Perinad Panchayat, Pathanamthitta Circle inspected the Devaswom Premises in Sabarimala. He found four tanks of ghee stored for preparation of appam and aravana. The Store Superintendent of the Devaswom, named as first accused in the case, told the Food Inspector that the, ghee was kept in the tank after completing the final purification process and was ready for supply. The Food Inspector asked for 450 ml. of ghee from the Superintendent and obtained it on pay of Rs. 45/- as its cost and issued cash receipt for the purpose and divided the ghee into three portions packed and sealed it as per rules and sent one sample to the Public Analyst. On receipt of a report that the sample does not conform to the standards prescribed for ghee under the Prevention of Food Adulteration Rules, the complaint was filed before the learned Magistrate impleading the Store Superintendent as the first accused. Executive Officer of the Devaswom as the 2nd accused, President and two members of the Board as accused 3 to 5 and the Devaswom Board itself as the 6th accused. In the complaint the 6th accused was shown as represented by accused 3 to 5, the President and two members of the Board.

(3.) On receipt of summons from the Court, the petitioners who are accused 3 to 5 in the case entered appearance on 17.3.1997. Though the 6th accused was shown as represented by accused 3 to 5, the learned Magistrate noting that there was no appearance for the 6th accused directed issue of warrant for arrest. The petitioners herein filed an application for recalling the warrant stating that they had already appeared. The learned Magistrate dismissed the petition by order dated 20.3.1997 stating that the 6th accused had not filed any vakalath and there was no appearance for the 6th accused, so the issue of warrant was justified. This petition is filed under S.482 of Crl. P.C. praying for quashing the entire prosecution proceedings and also the order directing issue of warrant.