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2022 Supreme(Mad) 748

N.SATHISH KUMAR
Crest Hospitality (Company) (Palm Jumeira) – Appellant
Versus
Food Safety Officer, Chennai – Respondent


Advocates Appeared:
For the Petitioners: S. Vijayan.
For the Respondent:Leonard Arul Joseph Selvam, Government Advocate (Crl. Side).

JUDGMENT :

(Prayer: Petition filed under Section 482 of Cr.P.C. to call for the entire records pertaining to the case in CC.No.1241 of 2020 on the file of the X Metropolitan Magistrate's Court, Egmore, Chennai and quash the same.)

1. This petition has been filed to quash the Charge Sheet filed in CC.No.1241 of 2020 on the file of the X Metropolitan Magistrate, Egmore, Chennai for the offences under Section 59(i) of the Food Safety and Standards Act.

2. It is the case of the prosecution that the petitioners are in the hospitality industry and selling ‘Prepared Food’. On 22.08.2019 Food Safety Officers lifted samples of 'Prepared Food' after following the necessary procedures and samples were sent to the analysis on the same day i.e., on 22.08.2019. The Report was received by the Respondent on 30.09.2019 indicating that the food is unsafe. Hence, recommendation was made on 03.10.2019 and filed the prosecution.

3. Learned counsel appearing for the Petitioner would submit that while samples were lifted on 22.08.2019 it was received by the food analyst only on 26.09.2019, whereas report has been sent only on 30.09.2019 and the notice has been sent to the petitioner only on 03.10.2019. On th

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