A. AHAMED SALALUDEN Vs. R. KANNAN

JUDGEMENT

(1.) This Criminal Original Petition has been filed praying to quash the proceedings in S.M.M.F.No.15 of 2011, on the file of theXX Metropolitan Magistrate, Chennai

(2.) The short facts of the case are as follows:-

(3.) The learned counsel appearing for the petitioner would submit that A1 is the vendor, A2 is the Licensee and owner of the shop and A3 is the manufacturer of the product. according to the respondent, the violation is on labelling of the product and the complainant also includes the manufacture as one of the accused and as such, prosecuting the Vendor, the first petitioner herein, is unwarranted and abuse of process of Law. Section 32(b) of the said Rules deal with Labelling of prepackaged goods in which sub Clause (2)(ii) speaks about list of ingredients in which it has been said that - the name of the ingredients and their weight or volume used in the product at the time of its manufacture shall be listed in descending order This means the ingredients shall be declared by their weight or volume. A reading of Corrigendum, dated 27.02.2009 it is clear that declaration by weight or volume of the ingredients need not be mentioned in the label.