N. KARTHIKEYAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This Criminal Original Petition has been filed to quash the proceedings in S.T.C.No.16 of 2017 on the file of the learned Additional Chief Judicial Magistrate, Madurai.

(2.) The case of the respondent before the Trial Court:-

(3.) Challenging the complaint, the accused is before this Court mainly on the ground that the Assistant Inspector of Labour-V, Madurai is not a compete net person to file a complaint. After bifurcation of Thimpparankundram Taluk, Madurai Airport lies within the jurisdication of Valayankulam Firka of Thimpparankundram Taluk. The definition of Section 2 (L) of the Legal Metrology Act, 2009 will not apply to the present case. If the flower is removed from its package, there will be no increase or decrease in its pre-determined value. So, it will undergo a perceptible change. The flowers were packed only for the purpose of safety or to keep away from the dirt or dust. Instead of putting the flowers in the carry bag, they are put in the open box. If it is sealed, it would be spoiled because it is highly perishable in nature. Before lodging a complaint, no show cause notice was issued. The authorization issued by the Inspector of Labour is not also valid under law. There is no specific averments in the complaint that the petitioner was special in-charge of the Company.