Madras High Court
P.Dheivam vs The State Rep. By on 20 April, 2023
Crl.O.P.No.13107 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.04.2023
CORAM:
THE HONOURABLE MR. JUSTICE SUNDER MOHAN
Crl.O.P.No.13107 of 2021
and
Crl.M.P.Nos.7212 & 7213 of 2021
P.Dheivam
...Petitioner/Accused
-Vs-
1.The State rep. by:
Food Safety Officer,
Code No.554,
Coimbatore Corporation Zone,
Tamil Nadu Food Safety and
Drug Administration Department,
Race Course,
Coimbatore – 641 018.
Respondent / Complainant
Prayer: Criminal Original petition filed under Section 482 of Code of
Criminal Procedure, to call for the records relating to the proceedings in
S.T.C.No.6617 of 2020 pending on the file of the Judicial Magistrate
No.I, Coimbatore and to quash the same.
https://www.mhc.tn.gov.in/judis
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Crl.O.P.No.13107 of 2021
For Petitioner : Mr.N.Ponraj
For Respondent : Mr.A.Damodaran,
Additional Public Prosecutor.
ORDER
This Criminal Original Petition has been filed seeking to quash the
proceedings in S.T.C.No.6617 of 2020 on the file of the Judicial
Magistrate No.I, Coimbatore, filed for the offences under Sections 52(1),
59(i) and 61 of the Food Safety and Standards Act, 2006.
2.The allegation in impugned complaint is that the sample of
'Mysore Paruppu' was drawn from the petitioner's premises on
19.08.2019. It was sent for analysis on 20.08.2019 and the Food Analyst
had reported that the product is 'unsafe' by the report dated 20.07.2020.
3.The learned counsel for the petitioner submitted that the
complaint is liable to be quashed as the respondent has violated the
mandatory provisions under the Food Safety and Standards Act, 2006.
As per the Act, the Food Analyst has to send his report within a period of
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Crl.O.P.No.13107 of 2021
14 days from the date on which he had received the sample for analysis.
If the Food Analyst is unable to give his report within a period of 14
days, he shall inform the Designated Officer giving reasons for the delay
and the approximate time taken for giving the report as per Section 46(3)
of the Act. However, in the instant case, the analyst report was sent only
on 20.07.2022 nearly 11 months later.
4.The learned Additional Public Prosecutor appearing for the
respondent submitted that there are allegations in the complaint and the
points raised by the petitioner has to be adjudicated only before the Trial
Court.
5.This Court on a perusal of the impugned final report finds that
admittedly the sample of the food item was drawn from the petitioner's
premises on 19.08.2019 and it was sent to the Food Analyst on
20.08.2019. However, the report of the Food Analyst was sent only on
20.07.2020 stating that the sample was 'unsafe' for consumption. This
Court finds that the report has been sent nearly one year later. This Court
finds that the shelf-life of the products expired in December 2019. The
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Crl.O.P.No.13107 of 2021
samples have been analyzed only after the shelf-life of the food item. It is
also seen that the petitioner had asked for referring the food item to
Central Laboratory. However, the same was rejected, since the
authorities found that the shelf-life of the product has expired. This
confirms the fact that the expiry date of the product was on 01.12.2019.
6.The judgment relied upon by the learned counsel for the
petitioner in Crl.O.P.No.3011 of 2011 dated 24.01.2019 of this Court is
squarely applicable to the facts of this case. The relevant portion is
extracted hereunder for better understanding,
“The samples have been analyzed after the shelf-
life in flagrant violation of regulation. In view of the
above, the complaint against the petitioner is liable to be
quashed.”
7.For the above said reasons, the impugned complaint is liable to
be quashed and hence the impugned complaint in C.C.No.6617 of 2020
on the file of the Judicial Magistrate – I, Coimbatore, is quashed.
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Crl.O.P.No.13107 of 2021
Accordingly, this Criminal Original Petition is allowed. Consequently,
connected Criminal Miscellaneous Petitions are closed.
20.04.2023
smv
Index : Yes/No
Speaking/Non Speaking order
Neutral Citation : Yes / No
To,
1.Food Safety Officer,
Code No.554,
Coimbatore Corporation Zone,
Tamil Nadu Food Safety and
Drug Administration Department,
Race Course,
Coimbatore – 641 018.
2.The Public Prosecutor,
High Court of Madras.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.13107 of 2021
SUNDER MOHAN,J.
smv
Crl.O.P.No.13107 of 2021
and
Crl.M.P.Nos.7212 & 7213 of 2021
20.04.2023
https://www.mhc.tn.gov.in/judis
