S.Ayyappan vs The Food Inspector on 19 July, 2018

[Cites 3, Cited by 0]

Madras High Court

S.Ayyappan vs The Food Inspector on 19 July, 2018

Bench: G.R.Swaminathan

        

 

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT               

DATED: 19.07.2018  

CORAM   

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN              

CRL.O.P.(MD)No.6557 of 2011 and   
M.P.(MD)No.2 of 2011  

1. S.Ayyappan 

2. Fr.B.Russelraj,
    Executive Director,
    KIDDS, Mulagumoodu,  
    Kanyakumari District.

3. Fr.B.Russelraj,
    Represented for
    M/s.Nanjil Milk Plant,
    Executive Director,
    KIDDS, Mulagumoodu,  
    Kanyakumari District.                    ... Petitioners/Accused 1 to 3

Vs.

The Food Inspector,
Suchindram Town Panchayat,   
Government Primary Health Centre, 
Kurunthancode Panchayat Union, Muttom,   
Kanyakumari District.                       ... Respondent/Complainant

        Prayer: Criminal Original petition is filed under Section 482 of
Cr.P.C., to call for the records pertaining to the complaint in C.C.No.73 of
2009 on the file of the learned Judicial Magistrate, Eraniel and quash the
same. 
        (Amended as per the order made in 
          M.P.(MD)No.4 of 2011 dated 23.11.2011)
!For Petitioners                : Mr.C.R.Nimal
                
^For Respondent                 : Mr.A.Robinson,
                                                  Government Advocate(Crl. Side).

:ORDER

The petitioners have filed this Criminal Original petition for quashing C.C.No.73 of 2009 on the file of the learned Judicial Magistrate, Eraniel.

2. It is a private complaint filed under the provisions of Tamil Nadu Prevention of Food Adulteration Act, 1954. The food article seized in this case is Milk. The seizure was done on 22.07.2008. It was sent for analysis on 22.07.2008. The report of the analyst was received on 26.08.2008. The prosecution came to be launched on 18.03.2009. The same was taken on file in C.C.No.73 of 2009 on the file of the learned Judicial Magistrate, Eraniel and summons were issued to the petitioners herein. To quash the same, this Criminal Original petition has been filed.

3. The learned counsel for the petitioner pointed out that at no point of time, report under Section 13(2) of the Act was served on the petitioners. Since in this case, the articles in question is Milk the gross delay that has occasioned in this case, has resulted in violation of the valuable right for sending the sample for second analysis. This Court in more than one decision held that if this valuable right is infringed, the impugned proceedings are liable to be quashed. Therefore, this Court has no hesitation to quash the proceedings in C.C.No.73 of 2009 on the file of the learned Judicial Magistrate, Eranial.

4. The impugned proceedings in C.C.No.73 of 2009 on the file of the learned Judicial Magistrate, Eraniel, stand quashed. The Criminal Original petition is allowed, accordingly. Consequently, connected Miscellaneous petition is closed.

1. The Judicial Magistrate, Eraniel.

2. The Food Inspector, Suchindram Town Panchayat, Government Primary Health Centre, Kurunthancode Panchayat Union, Muttom, Kanyakumari District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. .

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