JUDGMENT :

(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. to call for the records in STC 5736 of 2016 on the file of X Metropolitan Magistrate at Egmore, Moore Market Complex, Chennai – 600 008 and quash the same.)

1. This Criminal Original Petition has been filed to quash complaint in STC 5736 of 2016 on the file of X Metropolitan Magistrate at Egmore, Moore Market Complex, Chennai – 600 008 for the offences under Section 52, 58 and 59(i) of the Food Safety and Standards Act, 2006.

2. The case of the prosecution is that the Food Safety Officer conducted inspection and collected Gram flour samples by dividing into four parts as per Section 47 of the Act and sent the same for analysis. The analysis report indicates that the sample is unsafe. Since the petitioner was not satisfied with the report, again the sample was sent to the referral lab. There also, it is found that the sample contravenes Regulations 2.3.1(5) and 2.2.2(8) of Food Safety and Standards (Packing and Labeling) Regulations, 2011 and the sample showed presence of BOAA, based on which the prosecution has been launched.

3. Heard the learned counsel for the petitioner.

4. The main contention of the le