NEHRUDASAN Vs. FOOD INSPECTOR MADURAI CORPORATION

JUDGEMENT

(1.) This petition has been filed under Section 482 of Cr.P.C, to call for the records and to quash the entire proceedings in C.C. No. 401 of 2003, dated 5.5.2003 on the file of the Court of Judicial Magistrate No. II, Madurai.

(2.) The facts of the case is follows: The petitioner is Accused No. 3 and is a manufacturer of "Anil Agmark Turmeric Powder." On 21.10.2002 at about 11.00 a.m., the Food Inspector of Madurai Corporation, visited the shop by name 'Jeyachithra Stores', owned by the Accused Nos.1 and 2 and took 20 packets (50 gms each), of 'Anil Brand Agmark Turmeric Powder', as sample for analysis. According to the Analyst's report, the food article though satisfied with the standards prescribed by the Rules, found to be mis-branded, since the best before declaration on the label is not found as per Rule 32 of the Prevention of Food Adulteration Rules, 1955. The respondent had filed a complaint, which was taken on file in C.C. No. 401 of 2003, on the file of the learned Judicial Magistrate No. II, Madurai. The petitioner has filed the present petition to quash the same on the following grounds:

(3.) The learned counsel for the petitioner would submit that the case of the prosecution is that the label did not contain the best before use declaration and according to the prosecution, it is in contravention of the Rule 32 of the Prevention of Food Adulteration Rules, 1955. The learned counsel pointed out that there is a declaration in the label stating "use within six months from the date of manufacture" but, the Analyst has found that the said declaration is not as per the said Rules. The learned counsel relied on the judgment of this Court in T. Prabhu and Another v. State (2007) 1 MLJ (Crl) 1073 : (2007) 1 LW (Crl.)367, wherein this Court has held in similar case that H.N.