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2012 Supreme(Ker) 808

S.S.SATHEESACHANDRAN
Tito Varghese – Appellant
Versus
Food Inspector, Corporation of Kochi – Respondent


Advocates appeared:
For the Petitioner:M.K. Damodaran, Sr., A. Kumar, Advocates.
For the Respondent: R1 -M.K. Chandramohan Das, SC., R2 – Public Prosecutor.

Judgment :

1. Petitioner is the first accused in a complaint filed by the Food Inspector, Corporation of Kochi, for offences punishable under Sections 2 (ia)(b), 7 (i) (v) read with Section 16 (1)(a)(ii) of the prevention of Food Adulteration Act, for short the ‘Act’, read with item number A-18-06-11 of Appendix B of the Prevention of Food Adulteration Act Rules, for short the Rules Cognizance taken of the offences the case awaits further steps for trial before the Judicial First Class Magistrate-I, Ernakulam. Petitioner has filed the above petition to quash the criminal proceedings against him invoking the inherent powers of this court under Section 482 of the Code of Criminal Procedure {for short ‘the Code’}, contending that the proceedings are an abuse of process of the court.

2. The gist of the accusation against the accused can be summed up thus: The Food Inspector, hereinafter referred to as complainant, visited, on 03.07.2007, the business premises of M/s Trinetra Super Retail Limited (Fab Mall), Edapally, Cochin-24, a private limited company engaged in retail outlet of provisions and other goods. Disclosing his identity and complying with the Rules complainant purchased thre










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