P ROBERT IMMANUEL, ROBERT IMMANUEL STALL Vs. STATE REP BY THE FOOD INSPECTOR, ALWARTHIRUNAGARI TOWN PANCHAYAT

JUDGEMENT

(1.) The petition filed under Section 482 Cr.P.C. to call for the records in S.T.C. No. 1641 of 2007 on the file of the learned Judicial Magistrate, Srivaikundam, Thoothukudi District and quash the same.

(2.) The brief facts of the case is as follows:

(3.) On 21.01.2006 at about 11.30 a.m. the respondent inspected the shop owned by the first petitioner and the first petitioner said to have possessed cool drinks in the name and style of "Santhi Carbonated Beverage (Ginger)". The respondent have purchased 9 bottles for a sum of Rs. 48/- and thereafter, issued a receipt and then took sample from the said bottles and subsequently, sent the same to the Public Analyst, Food Analysis Laboratory, Madurai. According to the respondent, the Public Analyst had opined that the samples are misbranded as it is not labelled in accordance with the requirements of Rule 24(zzz)(1) & (12) of Rule 42 and 32(e)(f) &(i) of the Act and after obtaining sanction, a case has been registered.