N.SATHISH KUMAR
G. Vinod Kumar – Appellant
Versus
N. Senthil Kumar, Food Safety Officer, Anakaputhur Municipality, Chennai – Respondent
JUDGMENT :
(Prayer: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying to call for the records in connection with entire case relating to the proceedings in STC No.55 of 2017, on the file of Judicial Magistrate, Tambaram and quash the same.)
1. This Criminal Original Petition has been filed to call for the records in connection with entire case relating to the proceedings in STC No.55 of 2017, on the file of Judicial Magistrate, Tambaram and quash the same.
2. The final report has been filed by the Food Safety Officer for the offence under sections 58, 59(1) of the Food Safety and Standards Act, 2006.
3. The case of the prosecution is that on 14.07.2016, the Food Safety Officer has purchased 4.20 litres water cans from the petitioner/A-2 and thereafter, he sent the same to the Public Ananlysis, Food Analysis Laboratory, King Institute Campus, Guindy and found that it is not fit for use and contains additives.
4. The main contention of the learned counsel for the petitioner is that the proviso under Sections 42 and 47 of the Food Safety and Standards Act (in short “Act”), 2006 has not been complied with. When the provisions which are mandatory to be co
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