I.T. PRABHU Vs. THE STATE

JUDGEMENT

(1.) THIS petition is filed to call for the records in S.T.C. No. 1403 of 2005 on the file of the learned Judicial Magistrate No. VII, Coimbatore, and to quash the same. The Petitioners are accused for an offence punishable under Section 7(ii) and 16(l)(a)(i) Read With 2(ix)(K) of the Prevention of Food Adulteration Act 1954 and Rules 32(i) of the PFA Rule 1955 in the above case.

(2.) THE learned Counsel for the Petitioners submits that the third Petitioner is the selling agent and the first Petitioner is the vendor to the second Petitioner, who is running a provision store. It is the case of the prosecution that Basmathi rice in packing has been kept for sale and as per the allegations, the label contains the words "best before within 12 months from the date of packing". The date of packing has been mentioned as 26.05.2004. It is alleged that such language may be printed on the packing up to 01.09.2001 and subsequent to this date, it should be printed as "best before... months from packing".

(3.) I have heard the learned Government Advocate and perused the materials available on record. At the time of filing the complaint, opinion of the Food Analyst has been received and it is stated as follows: