V V KARTHIKEYAN Vs. FOOD INSPECTOR

JUDGEMENT

(1.) The above criminal original petition has been filed under Section 482 Cr.P.C. praying to call for the records relating to C.C.No.794 of 2002 on the file of the Court of Judicial Magistrate No.VI, Coimbatore and quash the same.

(2.) Heard learned counsel for the petitioner and the learned Government Advocate on the criminal side as well.

(3.) In the affidavit filed in support of the above criminal original petition, the petitioners would submit that the respondent has filed a complaint against them for the offences punishable under Sections 7(i)(ii) & 16(1)(a)(i) read with Section 2(ia)(a)((m) & 2(ix)(k) & Rule 32 (i) of the Prevention of Food Adulteration Act 1954 and Rules 1955 on the file of the Court of Judicial Magistrate No.VI, Coimbatore and the learned Magistrate issued summons to the petitioners/accused on 1.12.2002; that even though the analyst report was received by the complainant on 14.02.2002, the complaint was filed only on 25.11.2002 after a delay of nine months; that thereafter the notice under Section 13(2) of the Prevention of Food Adulteration Act, 1954 was served only on 26.11.2002; that the delay in launching prosecution under the said Act would be fatal, resulting in causing prejudice to the accused; that Section 13 (2) of the Act and Rules postulate that information of public analyst report should be informed within ten days; that the right under Section 13(2) of the Act is a valuable one, because the certificate of the Central Food Laboratory supercedes the report of the public analyst; that in a case, where there is a denial of the right on account of the deliberate conduct of the prosecution ie., delay in prosecution, as a result of which the sample became highly decomposed and could not be analysed and the vendor, in his trial, will be so seriously prejudiced; that in view of the ratio laid down by the Honourable Supreme Court in a case reported in 1967 Crl.L.J. 939 (Municipal Corporation of Delhi v. Ghisa Ram) and the other High Courts, the proceeding pending against the petitioners on the file of the Court of the Judicial Magistrate No.VI, Coimbatore is liable to be quashed and hence, the above criminal original petition.