Jeetmal Ramesh Kumar vs The Commissioner
2024 Latest Caselaw 21520 Mad

Madras High Court

Jeetmal Ramesh Kumar vs The Commissioner on 12 November, 2024

                                                                                 W.A.(MD)No.530 of 2019


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 12.11.2024

                                                     CORAM:

                          THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
                                              and
                           THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR

                                            W.A.(MD)No.530 of 2019
                                                    and
                                           C.M.P(MD)No.4477 of 2019

               Jeetmal Ramesh Kumar                                  ... Appellant/Writ Petitioner
                                                         Vs
               1.The Commissioner,
                 Food Safety and Drug Administration Department,
                 Chennai-6.

               2.The Food Analyst,
                 Food Analyst Laboratory,
                 Thanjavur.

               3.The Designated Officer,
                 Food Safety and Drug Administration Department,
                 (Food Wing)
                 No.820/B, N.G.O. 'A' Colony,
                 Tractors Road, Perumalpuram,
                 Tirunelveli-7.

               4.The Inspector of Police,
                 Tirunelveli Town Police Station,
                 Tirunelveli.
                 Crime No.324 of 2018                                ...Respondents/Respondents
               Prayer:
                         This Writ Appeal is filed under Clause 15 of Letters Patent Appeal, to set
               aside the order dated 14.02.2019 passed by this Court in W.P(MD)No.778 of
               2019.

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https://www.mhc.tn.gov.in/judis

               Page 1 of 5
                                                                                  W.A.(MD)No.530 of 2019


                                  For Appellant    : Mr.K.R.Laxman
                                  For Respondents : Mr.Veerakathiravan
                                                    Additional Advocate General
                                                    assisted by Mr.S.S.Madhavan
                                                    Government Advocate

                                                    JUDGMENT

[Judgment of the Court was made by RMT.TEEKAA RAMAN, J.]

This Writ Appeal is filed against the order passed by this Court in

W.P(MD)No.778 of 2019, dated 14.02.2019.

2.The learned Additional Advocate General appearing for the respondents

would contend that the appellant was found to have in possession of tobacco,

which is a banned substance and based on the complaint given by the Food Safety

and Drug Administration Department, a case in Crime No.324 of 2018 came to be

filed on the file of the fourth respondent – Police. Pending trial before the

jurisdictional Magistrate Court, the appellant filed the writ petition in W.P.(MD)

No.778 of 2019 challenging the report of the food analyst and this Court, by order

dated 14.02.2019, dismissed the said writ petition. Thereafter, the appellant was

prosecuted and the case was split up in respect of the appellant and after

completion of trial, he was found guilty of the offence and he was sentenced to

undergo imprisonment till the rising of the court and to pay a fine of Rs.10,000/-,

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in default to undergo simple imprisonment for a period of one month. Therefore,

according to the learned Additional Advocate General, nothing survives for

consideration in this writ appeal.

3.The learned counsel appearing on behalf of the appellant stated that the

submissions of the learned Government Advocate may be recorded and orders

may be passed.

4.In view of the same, the statement made by the learned Government

Advocate is hereby recorded.

5.Since the appellant has already suffered conviction, no further orders are

necessary in this appeal and hence, this Writ Appeal is dismissed. No costs.

Consequently, connected miscellaneous petition is closed.

                                                                    [T.K.R., J.] [N.S., J.]
                                                                           12.11.2024
               NCC      : Yes / No
               Index : Yes / No
               Internet : Yes / No
               sji




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https://www.mhc.tn.gov.in/judis

To

1.The Commissioner, Food Safety and Drug Administration Department, Chennai-6.

2.The Food Analyst, Food Analyst Laboratory, Thanjavur.

3.The Designated Officer, Food Safety and Drug Administration Department, (Food Wing) No.820/B, N.G.O. 'A' Colony, Tractors Road, Perumalpuram, Tirunelveli-7.

4.The Inspector of Police, Tirunelveli Town Police Station, Tirunelveli.

5.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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RMT.TEEKAA RAMAN, J.

and N.SENTHILKUMAR, J.

sji

12.11.2024

__________ https://www.mhc.tn.gov.in/judis