Madras High Court
V.Vedagiri vs Union Of India Rep. By on 16 November, 2021
Crl.O.P.No.19965 of 2017 &
Crl.M.P.Nos.12046 & 12047 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 16.11.2021
Coram:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
Crl.O.P.No.19965 of 2017 and
Crl.M.P.Nos.12046 & 12047 of 2017
V.Vedagiri ...Petitioner
Vs
1. Union of India rep. by
Chief Health Inspector and
Food Inspector,
Egmore Railway Station,
Southern Railway, Chennai – 600 008.
2. The Chief Medical Superintendent,
(Local Health Authority), Railways,
Egmore, Chennai – 600 008. ...Respondents
PRAYER: Criminal Original Petition filed under Section 482 of Criminal
Procedure Code, to call for the records relating to SMMF No.1 of 2008 on the file
of the XX Metropolitan Magistrate, Chennai – 600 003 and quash the same.
For Petitioner : Mr.K.Balaji
For Respondents : Mr.P.T.Ram Kumar,
Standing Counsel for Railways
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Crl.O.P.No.19965 of 2017 &
Crl.M.P.Nos.12046 & 12047 of 2017
ORDER
This petition has been filed to quash the proceedings in SMMF.No.1of 2008
on the file of the XX Metropolitan Magistrate, Chennai as against the petitioner.
2. The learned counsel for the petitioner submitted that the petitioner is the
third accused in the above case and as against the second and fourth accused, this
Court has already quashed the proceedings in Crl.O.P.No.17931 of 2017 on
31.08.2017 and in Crl.O.P.No.3 of 2009 on 06.01.2009 and hence, the charges
against the petitioner has also to be quashed.
3. The petitioner along with other accused have been prosecuted for
violating the mandatory provisions of Prevention of Food Adulteration Act and
this Court has quashed the proceedings against the A2, who is a manufacturer and
A4, who is a licensee and the same benefit has to be extended to the present
petitioner.
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Crl.O.P.No.19965 of 2017 &
Crl.M.P.Nos.12046 & 12047 of 2017
4. This Court while quashing the charge against A2 manufacturer in
Cr.O.P.No.3 of 2009 on 22.03.2017 relying on the judgment of High Court of
Himachal Pradesh in the matter of Rattan Lal Vs. Sate of Himachal Pradesh
reported in FAC 1991 [I] 179 has held that it is incumbent upon the authorities
concerned to have the samples analyzed and the prosecutions launched with
inordinate delay taking the accused right to get the sample tested from the Director
of Central Food Laboratory would tantamount to denial of his valuable and
mandatory right under section 13 [2] of the Act and delay in such matters against
the express mandatory provisions made in law and the Rules have to be tested with
full deference and cannot be given a go-by in a light-hearted fashion and quashed
the charges against A2 and subsequently, based on the above Order, in
Crl.O.P.No. 17931 of 2017 on 31.08.2017, the charges against A4, who is a
licensee, has also been quashed.
5. Considering the above and as the charges against the manufacturer and
the licensee have already been quashed, the petitioner, who is A3 and who is a
distributor is also entitled to such a benefit and the charges against the petitioner
are liable to be quashed.
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Crl.O.P.No.19965 of 2017 &
Crl.M.P.Nos.12046 & 12047 of 2017
6. Accordingly, this Criminal Original Petition is allowed and the
proceedings in SMMF.No.1of 2008 on the file of the XX Metropolitan Magistrate,
Chennai as against the petitioner is quashed. Consequently, connected
miscellaneous petitions are closed.
16.11.2021
vrc/kbs
Index : Yes
Internet : Yes
Speaking Order
To
1. The XX Metropolitan Magistrate,
Ripon Buildings, Chennai – 600 003.
2. The Chief Health Inspector and
Food Inspector,
Egmore Railway Station,
Southern Railway, Chennai – 600 008.
3. The Chief Medical Superintendent,
(Local Health Authority), Railways,
Egmore, Chennai – 600 008.
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Crl.O.P.No.19965 of 2017 &
Crl.M.P.Nos.12046 & 12047 of 2017
N.SATHISH KUMAR, J.
vrc/kbs
Crl.O.P.No.19965 of 2017 and
Crl.M.P.Nos.12046 & 12047
of 2017
16.11.2021
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