A. KATHIRESAN Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been preferred to quash the proceedings in STC No. 363 of 2020 pending on the file of the learned Judicial Magistrate No.II, Chengalpattu.

(2.) The petitioners are the accused 2 to 4 and the petitioners along with A1, were prosecuted for the alleged offences under Sec.59(1) and Sec.63 of the Food Safety and Standards Act-2006. The respondent has given a complaint by alleging that on 27/2/2019 at about 12.30pm., the respondent went on inspection to the shop owned by the first petitioner by name and style 'Kumaran Stores' and after informing him that he had taken samples of Flubbers Fruity Jelly Assorted Fruits Flavoured and the said food product has been manufactured by A4 / M/S.Siva Foods and in which the petitioners 1 and 2 /A2 and A3 are the directors. After observing the guidelines contemplated in the Special Act, a part of the sample was taken and the same was sent for chemical analysis. On receiving the report that the food is unsafe for consumption since it contains synthetic colour agent lite Tartrazine and Benzoic acid, the complaint has been given.

(3.) Heard the submissions made by the learned counsel on either side and perused the materials available on record.