JUDGMENT :

(Prayer : Criminal Original Petition filed under Section 482 of Cr.P.C. to call for the records and quash the prosecution in S.T.C.No.1935 of 2014 for an offence under Section 59 of the Food Safety and standards Act, 2006.)

This petition has been filed to quash the proceedings initiated under Sections 3(1)(zx) and 3(1)(zz)(v) of the Food Safety and Standards Act, 2006 [hereinafter 'said Act'] and Regulation 2.4.2.1 of Food Safety and Standards [Food Products Standards and Food Additives] and Regulations, 2011.

2. It is the case of the prosecution that on 12.11.2013, Food Safety Officer lifted samples of Maida from the petitioner's premises and thereafter, the samples were sent to analysis on 13.11.2013. The reports were received on 25.11.2013 and it indicated that the food lifted from the premises contained live weevils, dead worms and worm cocoons. Thereafter, on 05.12.2013, the reports appears to have been served on the petitioner. Immediately, a reply was sent by the petitioner stating that only the expired food items were seized and not the food items meant for sale. Thereafter, after completing the formalities, the Food Safety Officer has filed a complaint before the t