IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 64 of 2011()
1. PHILIP CHERIAN, CHERUKARA HOUSE,
... Petitioner
2. C.I.CHERIAN, CHERUKARA HOUSE,
3. MATHEW CHERIAN, CHERUKARA HOUSE,
4. JOSEPH CHERIAN, CHERUKARA HOUSE,
5. RIJU NINAN, PLAVELIKKADAVIL HOUSE,
6. AJUMON P.BABY,
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE FOOD INSPECTOR, CHANGANACHERRY
For Petitioner :SRI.JOHN VARGHESE
For Respondent : No Appearance
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :11/01/2011
O R D E R
THOMAS P. JOSEPH, J.
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Crl.M.C. No.64 of 2011
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Dated this the 11th day of January, 2011.
ORDER
Petitioners are accused in S.T.No.461 of 2009 of the court of learned
Judicial First Class Magistrate, Changanacherry, initiated on a complaint
preferred by respondent No.2, Food Inspector for various offences punishable
under the Prevention of Food Adulteration Act and the Rules (for short, “the Act
and Rules”) for alleged sale of vinegar which did not conform to the prescribed
standard. Prosecution was launched on the strength of report of the Public
Analyst (Annexure-A1). Later, one of the remaining sample was sent to the
Central Food Laboratory (CFL) for examination who according to the
petitioners by Annexure-A4, certificate has concluded that the sample conformed
to the standards for brewed vinegar as per the Act and Rules. Learned counsel
contends that under Section 13(3) of the Act certificate issued by CFL would
supersede the report given by the Public Analyst and hence no offence is made
out against petitioners. I have heard learned counsel for petitioners and the
Public Prosecutor.
2. If the report submitted by the CFL as contended by learned counsel
reveals that no offence is made out, court below is bound to drop the
proceedings or discharge petitioners as provided under law. Proper course
open to the petitioners is to approach learned Magistrate requesting to drop the
Crl.M.C.No.64/2011
2
proceedings or discharge them as provided under law instead of filing petition
under Section 482 of the Code of Criminal Procedure to quash the proceedings.
Without prejudice to that right of petitioners this petition is closed.
Crl.M.A.No.151 of 2011 will stand dismissed.
THOMAS P.JOSEPH,
Judge.
cks
