ORDER :

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to call for the records in C.C.No.379 of 2017 pending on the file of the Court of the Judicial Magistrate, Ambasamudram, Tirunelveli District and quash the same.

2. The petitioners are the accused 6 to 9 in C.C.No.379 of 2017, on the file of the Court of the Judicial Magistrate, Ambasamudram. The respondent has lodged a private complaint against 9 persons including the petitioners arraying the petitioners as accused Nos.6 to 9 alleging that on 13.10.2014 at about 11.00a.m., the respondent went to the tea shop of the first accused, who was selling tea and found sealed packets in 500grams in the shop, that when the first accused was questioned, he informed that he had purchased the same from the second accused, that the complainant purchased one sealed tea packet containing 500gram and thereafter he took samples from that following the procedures and sent one portion of the sample to the Court and the other portion to the Food Analyst, that the Food Analyst has given his report dated 28.10.2014, stating that the said sample is unsafe under Section 3(1)(zz) of the Food Safety and Standards Act 2006, since it contains added colouring matter the addition of which is prohibited under Regulation 3.1.2(1) of the Food Safety and Standards (Food Products Standards and Food Additives) Regulation 2011, that when the second accused was enquired, he informed that he purchased the tea from the accused Nos.3 to 5 – Maragadam Tea Company, that on enquiry from Maragadam Tea Company, the complainant came to know that the tea packets were supplied by the fourth petitioner/9th accused M/s Manoj Enterprises, that the complainant has sent a letter dated 07.11.2014 to A.9 and sought particulars about M/s Manoj Enterprises for which the petitioner sent a reply dated 11.11.2014 stating that they are dealing only in garden fresh tea as whole sale only and they are not selling any loose packets or without label to any unregistered dealers and the said Nataraja Tea Stall has never purchased tea from them and that after getting permission from the Commissioner of Food Safety, the complaint was lodged and the case was taken on file in C.C.No.379 of 2017, on the file of the Court of the Judicial Magistrate, Ambasamudram for the alleged offences under Sections 52, 59(i) r/w 26(i), 26(2)(i)(ii)(v), 27(1), 27(2) (c)(f), 27(3)(c)(e) of the Food Safety and Standards Act 2006.

3. Heard the learned Counsel for the petitioners and the learned Government Advocate (Crl.Side) appearing for the respondent and perused the materials placed on record.

4. Admittedly, the fourth petitioner/9th accused is a partnership firm and the petitioners 1 to 3 /A.6 to A.8 are its partners. According to the complainant, the fifth accused is also a partnership firm, in which, the accused Nos.3 and 4 are its partners. The petitioners, while elaborating about their mode of business, have stated that the fourth petitioner firm is the member of the Tea Traders Association, Coimbatore and as such, they are permitted to participate in the auction of tea by various companies, that they used to purchase tea in bulk quantity in sealed bags containing not less than 9kgs in each bag and used to sell the same, in the same condition as they purchased, to traders with bills and that the various distributors, who purchased from them, used to sell to various dealers, who in turn sell the same in loose or in a small packet.

5. The main contention of the petitioners is that the complainant has allegedly purchased one sealed tea packet containing 500grams tea from the first accused, that the bill of the fourth petitioner produced by the complainant before the jurisdictional Court would go to show that the petitioners have not sold any tea in 500grams packet and they have sold only the tea packages containing not less than 30kg and that therefore, the petitioners have nothing to do with the packets allegedly se