Parry And Company Ltd. vs The Food Inspector on 8 April, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 1279 of 2009()


1. PARRY AND COMPANY LTD.,GENERAL MARKETING
                      ...  Petitioner

                        Vs



1. THE FOOD INSPECTOR,
                       ...       Respondent

2. STATE OF KERALA,

                For Petitioner  :SRI.K.P.RAJEEVAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :08/04/2009

 O R D E R
                     M.N. KRISHNAN, J.
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                CRL.M.C. NO. 1279 OF 2009
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        Dated this the 8th day of April, 2009.

                          O R D E R

This is an application filed with a prayer to set aside the

order passed in CMP 668/09 in C.C.171/03. As per the said

order M/s Parry and Company is impleaded as the 6th

accused. I had perused the order which is produced as

Annexure-1. Under Section 20A of the Prevention of Food

Adulteration Act power is granted to the Court to implead the

manufacturer, if the Court is satisfied on the evidence

adduced before it, it is necessary to do so. That is why the

Court held that u/s 20A powers cannot be exercised before

the commencement of trial because it is only on the basis of

evidence produced that the Magistrate can act under the

Section. Unfortunately the learned Magistrate has not

applied his mind to the evidence available in the case for the

purpose of impleading. It is a statutory mandate. Therefore

Crl.M.C. 1279 OF 2009
-:2:-

the order under challenge is set aside and a direction is given

to the learned Magistrate to consider CMP 668/09 afresh and

pass appropriate orders.

The Crl.M.C. is disposed of accordingly.

M.N. KRISHNAN, JUDGE.

ul/-