SIVA FOODS Vs. FOOD SAFETY OFFICER

JUDGEMENT

(1.) This Criminal Original Petition has been filed seeking orders to call for the records relating to S.T.C.No.3198 of 2018, pending on the file of the Court of Judicial Magistrate, Ambasamuthiram and quash the same.

(2.) The petitioner is the fourth accused. The respondent has lodged a private complaint against one Senthil and others arraying the petitioner as fourth accused, alleging that on 3/6/2017 at about 02.30p.m., he inspected one Murugan stores, that during the inspection, he suspected that a food item named as Flubbers Pudding Fruits flavoured may be an unsafe food and manufactured contrary to the rules and regulations of Food Safety and Standards Act (hereinafter referred as "the said Act"?), collected the samples, that the said samples were sent for food analysis, that the Designated Officer, Tirunelveli received Food Analysis Report, dtd. 23/10/2017, with an opinion that the sample is unsafe, since the same contains added coloring matter tartrazine and carmoisine, which are not permitted in the food category and that after getting the permission from the Commissioner, Food Safety, this complaint was lodged and the case was taken on file in S.T.C.No.3198 of 2018, on the file of the Court of the Judicial Magistrate, Ambasamuthiram for the alleged offences under Ss. 59(i) and 63 of the Food Safety and Standards Act, 2006.

(3.) Heard the learned Counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent and perused the materials placed on record.