THANGAMANI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) LEARNED counsel for the petitioner submits that the petitioner has come forward with this petition seeking for the relief of quashing the proceedings in C. C. No. 251 of 2003 on the file of the learned Judicial Magistrate No. 5, coimbatore for alleged offences under Section 7 (1) and 16 (1) (a) (i) read with Sec 2 (1a) (d) and (m) of the Prevention of Food Adulteration Act, 1954.

(2.) LEARNED counsel for the petitioner submits that the petitioner has been arrayed as A2 out of three accused. It is contended by the learned counsel for the petitioner that the petitioner has been implicated in this case only on the ground of petitioner being a licensee of the canteen namely, "m/s. Lakshmi Canteen" and she has nothing to do with the day to day affairs of the canteen and she is not in-charge or business of the canteen. Learned counsel for the petitioner would also contend that the respondent failed to send notice under Form III as contemplated under Section 13 (2) of the Prevention of Food Adulteration Act, 1954 and as such, the entire proceedings is liable to be quashed in view of the non-compliance of the mandatory requirement in the prevention of Food Adulteration Act, 1954. Learned counsel also placed reliance on the decision rendered by the Hon'ble apex Court in TULSI RAM VS STATE OF MADHYA PRADESH reported in AIR 1985 SC page 299 wherein, it was held that "non compliance of Provisions of Sec 13 (2) vitiates the trial as it takes away the valuable right of the accused to have the sample analyzed by the Central Food Laboratory".

(3.) PER contra, learned Government Advocate (Criminal side) contended that it is for the petitioner to prove that she is not in-charge and responsible for the conduct of the business at the time of full fledged trial and the petitioner cannot take such plea in the quash petition. It is also further contended by the learned Government advocate (Criminal Side) that the respondent should be given an opportunity to establish that notice contemplated under section 13 (2) of the Act was issued to the petitioner herein at the time of full fledged trial before the learned magistrate and as such, this quash petition is not maintainable and the same is liable to be dismissed.