N PRABHAKARAN Vs. STATE

JUDGEMENT

(1.) The petitioners 1 to 3 are arrayed as A1 to A3 in C.C. No. 18 of 2008 on the file of Judicial Magistrate No. 1, Attur, Salem District. The present petition is filed to quash the criminal proceedings initiated against the petitioners. The petitioners herein are the licensee-cum-owner of Sri Ranga Trading Company and owners of K.M.S. Enterprises. The respondent Food Inspector has made surprise cheque at 5.00 p.m. on 26.2.2007 to Sri Ranga Trading company, where he took samples of Shri Jayam Sambar Dhall, after duly serving Form VI on the owner of the shop and the samples were also, after complying with all the legal formalities, sent for examination to Public Analyst, who after conducting analysis, sent his report as follows:

(2.) The respondent-Food inspector has, on the basis of the Public Analyst report, approached the Director of Public Health and Preventive Medicine for appropriate sanction for lodging prosecution against the licensee, dealer and manufacturer of the food item and after obtaining sanction, criminal prosecution was lodged against the petitioners herein for the offences under Sections 7(ii) and 16(i)(a)(i) r/w Section 2(ix)(g) and (k) of Prevention of Food Adulteration Act 1954 (hereinafter shortly called as 'Act') and Rule 37 of the Prevention of Food Adulteration Rules, 1955 (hereinafter shortly called as 'Rules'). According to the prosecution, the pictures printed on the label of the above mentioned items are false or misleading amounting to misbranding, which is in contravention of the relevant provisions of law as referred to above. On receipt of the summons, A1 to A3 have come forward with the present petition to quash the proceedings initiated against them.

(3.) It is contended on the side of the petitioners that the opinion of the Public Analyst is baseless and unfounded and is not supported by any details or reasoning as to how the names of the vegetables mentioned in the label is false or misleading. It is sought to be argued that the purpose for which the vegetables are mentioned, is to show that the article of food is used for cooking the vegetables shown in the picture and the same cannot be said to be exonerating or misleading the quality of the foods item in question.