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2023 Supreme(Mad) 3143

G. JAYACHANDRAN
Blue Planets Foods Pvt. Ltd. (Salt Restaurant), Vadapalani, Chennai – Appellant
Versus
State Rep. by the Food Safety Officer, Tamil Nadu Food Safety & Drug Administration Department (Food Wing), Chennai – Respondent


Advocates appeared:For the Petitioners:B. Kumar, Senior Counsel for P. Kritika Kamal, Advocate. For the Respondent:S. Udaya Kumar, Government Advocate.

JUDGMENT

(Prayer: Criminal Original Petition has been filed under Section 482 of Cr.P.C., to call for the records in C.C.No.2976 of 2020 pending on the file of the XVII Metropolitan Magistrate, Saidapet, Chennai and quash the same as against the petitioner/accused 1-7.)

1. The petitioners herein are accused 1 to 7 in C.C.No.2976 of 2020 on the file of XVII Metropolitan Magistrate, Saidapet, Chennai. The complaint is filed by a public servant namely, the Food Safety Officer, Chennai District under Section 59 (1) of the Food Safety and Standards Act, 2006.

2. The substance of the complaint is as under:- The complainant/Food Safety Officer (in short “FSO”), on 31.01.2019, after obtaining permission from the Designated Officer went to M/s The Forum Vijaya Mall at Vadapalani, Chennai at about 12.30 hrs. In the said Mall, at the second floor, he found M/s Salt Restaurant functioning under the banner of M/s Blue Planets Foods Pvt Ltd. The FSO enquired about the safety and standard of the food served in the restaurant with Mushtaque Alam, the seventh petitioner herein, who was the Manager of the restaurant. In the store, he found 5 Kgs of ‘FRYMS’. The seventh petitioner told the FSO that it w

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