JUDGMENT :

(Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in connection with entire case relating to the proceedings in C.C.No.885 of 2017, on the file of XVIII Metropolitan Magistrate, Saidapet and quash the same.)

This Criminal Original Petition has been filed to quash the proceedings in C.C.No.885 of 2017, pending on the file of XVIII Metropolitan Magistrate, Saidapet.

2. The final report has been filed by the Food Safety Officer for the offence punishable under sections 59(1) and 63 of the Food Safety and Standards Act, 2006.

3. The case of the prosecution is that on 26/9/2016, the Food Safety Officer lifted a sample of Dhaniya and sent the same to the analysis, the analysis report indicate that it is unsafe to use.

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 complied, particularly, in respect of the penal action has been violated which has to be interpreted strictly and prosecution cannot be permitted to continue when the violation glaring.