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2022 Supreme(Ker) 1008

ZIYAD RAHMAN A. A.
Abhilash N. , Son Of Narayanan – Appellant
Versus
State Of Kerala – Respondent


Advocates Appeared:
For the Petitioner: E.Vijin Karthik, R. Rohith, Harishma P. Thampi.
For the Respondents: Sri. Vipin Narayan, Sri. Gratious Kuriakose.

ORDER :

1. The petitioner is the 1st accused in C.C.No.130 of 2019 on the file of the Chief Judicial Magistrate Court, Thrissur, which was registered on the basis of Annexure-A3 complaint submitted by the 2nd respondent. The offences alleged are under Sections 27(1) and Section 50, 51, 3(1) (zz) (iii), (v) of Food Safety and Standards (Contaminants, Toxins & Residues) Third Amendment Regulation, 2018.

2. The aforesaid complaint was submitted by the 2nd respondent against the 6th accused. The prosecution case is that, on 04.01.2019 the 2nd respondent purchased 2 Kg apple from the Supermarket run by the 6th accused company and on examination, it was revealed that the aforesaid apple contained an insecticide residue namely, ‘Fenvalerate’. The quantity of the same was 93.63 microgram/Kg which is not permitted in the apple, as per regulation 2.3 of the Food safety and Standard Regulation Amendment, 2018. The complaint was submitted in such circumstances. Petitioner is the salesman of the said supermarket, from where the aforesaid food item was purchased. This Crl.M.C.is filed challenging the aforesaid prosecution against him.

3. Heard Sri.E.Vijin Karthik, learned counsel for the petitio

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