RAMACHANDRAN Vs. STATE REPRESENTED BY FOOD INSPECTOR, TIRUNELVELI CORPORATION, TIRUNELVELI, TIRUNELVELI DISTRICT

JUDGEMENT

(1.) This criminal original petition has been filed under Section 482 of Cr.P.C., praying to call for the records in S.T.C.No.1061 of 2010 on the file of the Judicial Magistrate No.IV, Tirunelveli, Tirunelveli District and to quash the same.

(2.) It is averred in the petition that the respondent took the sample of scented tobacco on 28.02.2009 at about 1.00 p.m. After observing all formalities, he sent one of the part to Public Analyst for analysis. The Analyst sent a report on 09.10.2009, stating that the sample contains Nicotine and hence, the sample is adulterant, which is prohibited under Section 7(vi) of the Prevention of Food Adulteration Act, 1954 and is violation of Rule 44(J) of the Prevention of Food Adulteration Rules 1955. Section 13(2) notice dated 16.04.2010 was served to the petitioner. Form III discloses that sample has to be used best before two months from the month of packing and the month of packing is mentioned August 2009. 13(2) notice was not served on the petitioner within two months from the date of sample. Therefore, the proceedings in S.T.C.No. 1061 of 2010 on the file of the Judicial Magistrate No.IV, Tirunelveli is liable to be quashed.

(3.) The learned counsel for the petitioners contends that the valuable right mandated under Section 13(2) of the Food Adulteration Act, 1954 has been denied to the petitioner and on that ground alone, the proceeding is liable to be quashed.