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2003 Supreme(Ker) 388

G.SASIDHARAN
K. Vijayakumar – Appellant
Versus
Food Inspector – Respondent


Judgment :-

Proceedings in a criminal case in which the allegation is regarding the commission of the offences under the prevention of Food Adulteration Act are sought to be quashed by one of the accused mainly on two grounds; one, non-compliance of the provision in Section 13(2) of the Act and two, not obtaining proper sanction for prosecution as envisaged in Section 20 of the Act before filing complaint in Court. Petitioner is the third accused in the case and the allegation against him and the other two accused is that they committed the offences under Section 2(1a) (m) read with Section 7(i)(v) and Appendix B.A.25.02.01 punishable under Section 16(1) (a)(i) of the Prevention of Food Adulteration Act (hereinafter referred to as "the Act").

2. On 19-11-1996 at 11.15 a.m. the Food Inspector, Vellinizhy Grama Panchayat (Mannarkkad Circle), after observing necessary Prescribed formalities, inspected the grocery shop in 7/491 where the first accused was doing business. According to the Food Inspector, the first accused told him that he was the licensee and salesman of the shop. On giving Form VI notice to him the Food inspector obtained the counterfoil singed by him. On paying Rs.100/




























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