Madras High Court
P.Dharmaraj vs The Food Safety Officer on 12 January, 2022
1 CRL.O.P.(MD)NO.5695 OF 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 12.01.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
Crl.O.P.(MD)No.5695 of 2022 and
CRL.M.P.(MD)No.11878 of 2021
1. P.Dharmaraj,
S/o.Paulraj,
Manager,
PTR Tiffin Sweets @ Coffee,
Singaram Complex,
Opp. Of Mattuthavani Bus Stand,
Madurai – 625 007.
2. P.Daniel Thangaraj,
S/o.Paulraj,
Owner,
PTR Tiffin Sweets @ Coffee,
Singaram Complex,
Opp. Of Mattuthavani Bus Stand,
Madurai – 625 007. ... Petitioners/ Accused Nos.1 & 2
Vs.
The Food Safety Officer,
Madurai Corporation (Code No.573),
O/o.The Designated Officer,
Food Safety and Drug
Administration Department (Food Wing),
Viswanathapuram,
Madurai – 625 014. ... Respondent / Complainant
Prayer: Criminal Original petition is filed under Section
482 of Cr.P.C, to call for the records and quash the
proceedings in S.T.C.No.1368 of 2021 on the file of the Judicial
Magistrate No.VI, Madurai.
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2 CRL.O.P.(MD)NO.5695 OF 2022
For Petitioners : Mr.M.Rajaraman
For Respondent : Mr.E.Antony Sahaya Prabahar,
Additional Public Prosecutor.
***
ORDER
Heard the learned counsel appearing for the petitioners
and the learned Additional Public Prosecutor appearing for
the respondent.
2. The core argument of the petitioners' counsel appears
to be that it is open to them to add Tartrazine in the food
products in question. However, the learned Additional Public
Prosecutor has been able to produce a copy of the amendment
notification indicating that adding Tartrazine was not
permitted with effect from 01.07.2017.
3. In this case, the inspection had taken place on
06.08.2019. Therefore, the petitioners will be covered by the
aforesaid amendment notification.
https://www.mhc.tn.gov.in/judis
3 CRL.O.P.(MD)NO.5695 OF 2022
4. Therefore, leaving open all the contentions and the
defences of the petitioners, this criminal original petition is
dismissed.
5. The personal appearance of the petitioners before the
Court below is dispensed with. However, the petitioners have
to appear before the Court below on the following three
occasions:-
i) To answer the charges,
ii) at the time of examination under Section 313 of Cr.P.C.
and
iii) at the time of pronouncement of Judgment.
The petitioners also will have to appear when their presence is
insisted upon by the trial Court and on all other occasions, the
petitioners can be represented by their counsel. If the
petitioners' counsel also fails to appear, the benefit of this
order will stand vacated automatically. Consequently,
connected miscellaneous petition is closed.
12.01.2022
Index : Yes / No
Internet : Yes/ No
PMU
https://www.mhc.tn.gov.in/judis
4 CRL.O.P.(MD)NO.5695 OF 2022
Note: In view of the present lock down owing to COVID-19 pandemic,
a web copy of the order may be utilized for official purposes, but,
ensuring that the copy of the order that is presented is the correct copy,
shall be the responsibility of the advocate/litigant concerned.
To:
1. The Food Safety Officer,
Madurai Corporation (Code No.573),
O/o.The Designated Officer,
Food Safety and Drug
Administration Department (Food Wing),
Viswanathapuram,
Madurai – 625 014.
2. The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis
5 CRL.O.P.(MD)NO.5695 OF 2022
G.R.SWAMINATHAN,J.
PMU
Crl.O.P.(MD)No.5695 of 2022
12.01.2022
https://www.mhc.tn.gov.in/judis
