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2022 Supreme(Mad) 2883

N. SATHISH KUMAR
Murari Lal Harish Chandra Jaiswal Pvt Ltd. , Represented by its Authorized Signatory, K. Prabhakaran, Delhi – Appellant
Versus
Food Safety Officer, Tamilnadu Food & Org. Administration, Chennai – Respondent


Advocates appeared:
For the Petitioner:D. Saikumaran, Advocate. For the Respondent: E. Raj Thilak, Additional Public Prosecutor.

JUDGMENT

(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. to call for the records and quash the charge sheet in C.C.3044 of 2019 pending on the file of Metropolitan Magistrate Court No.XVII, Saidapet, Chennai.)

1. This petition has been filed to quash the charge sheet filed against the petitioner in C.C.3044 of 2019 on the file of Metropolitan Magistrate Court No.XVII, Saidapet, Chennai for the offences under Sections 58 and 59(1) of the Food Safety and Standards Act, 2006.

2. It is the case of the prosecution that on 12.11.2018 while the Food Safety Officer conducted inspection at 19/11 South Shivan Koil Street, Vadapalani, Chennai – 600 026 belonging to the shop of the second accused, he found the tobacco product known as “Hans Chhap Tobacco” which is manufactured by the petitioner/first accused and seized the product. When enquired with the owner of the shop, who was arrayed as A2, he informed the Food Safety Officer that some unknown person delivered to him and he is selling it and A1 was manufacturer of the seized tobacco products. The Food Safety Officer collected the sample and sent the same to the Laboratory for analysis. On analysis, it was found that th

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