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R. N. MANJULA
A. Kathiresan – Appellant
Versus
State represented by its Food Safety Officer, Kattankulathur Block, Code No 071, No. 2A, Railway Road, Kancheepuram 631501 – Respondent
ORDER :
[Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the records in STC No.363 of 2020 on the file of the Judicial Magistrate No.II, Chengalpattu and quash the same.]
1. This Criminal Original Petition has been preferred to quash the proceedings in STC No. 363 of 2020 pending on the file of the learned Judicial Magistrate No.II, Chengalpattu.
2. The petitioners are the accused 2 to 4 and the petitioners along with A1, were prosecuted for the alleged offences under Sec.59(1) and Sec.63 of the Food Safety and Standards Act-2006. The respondent has given a complaint by alleging that on 27.2.2019 at about 12.30pm., the respondent went on inspection to the shop owned by the first petitioner by name and style 'Kumaran Stores' and after informing him that he had taken samples of Flubbers Fruity Jelly Assorted Fruits Flavoured and the said food product has been manufactured by A4/M/S.Siva Foods and in which the petitioners 1 and 2 /A2 and A3 are the directors. After observing the guidelines contemplated in the Special Act, a part of the sample was taken and the same was sent for chemical analysis. On receiving the report that the food is u
Non-compliance with mandatory provisions and procedural irregularities can render a complaint not maintainable and lead to the quashing of the charge sheet.
The main legal point established in the judgment is that delay in the food analyst's report and denial of appeal right do not warrant quashing the proceedings.
: Technical grounds are not sufficient to quash criminal proceedings under Section 482 Cr.P.C.
Substantial compliance with procedural requirements in food safety law suffices; mere delay in analysis does not invalidate prosecution unless prejudice to the accused is demonstrated.
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