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2013 Supreme(Ker) 115

S.S.SATHEESACHANDRAN
K. A. Suresh, Manager, Q 1 Foods & Ingredients (P) Ltd. , Pollachi – Appellant
Versus
Food Inspector Corporation of Thiruvananthapuram – Respondent


Advocates appeared:
For the Petitioners:T.A. Shaji, Mrs. T.V. Neema, Advocates.
For the Respondents: Mrs. R. Rema, Public Prosectuor.

Judgment :

1. Petitioners are the accused in a pending case on the file of the Additional chief Judicial Magistrate, Thiruvananthapuram. They are being prosecuted for offences punishable under section 2(i-a) (f) and 7(i) read with section 16(1) (1-A) of the prevention of food adulteration Act, 1954, for short the PFA Act on a complaint filed by the Food Inspector Corporation of Trivandrum, hereinafter referred to as the complainant.

2. Annexure A1 is a copy of the complaint. Complainant inspected a super market by name , padmanabha Fair Trade super market, Vallakadavu on 30.3.2007, and, after disclosing his identity he purchased six packets of meat masala from that super market. Seventh accused a partner of the firm was present at the time of inspection and purchase. Complainant complied with the formalities over the issue of notice , payment of price, sampling of the food item etc, and prepared a mahazar in accordance with the Rules. One part of the sample with form 7 memorandum and specimen was sent over to the Public Analyst and the other two parts of sample with the accompaniments required were given to the Local Health Authority, Thiruvananthapuram. Report on analysis over the









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