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2023 Supreme(Online)(KER) 19170

HIGH COURT OF KERALA
P.V.KUNHIKRISHNAN, J
PAILY T.K, – Appellant
Versus
STATE OF KERALA, – Respondent


Advocates:
M.SASINDRAN SATHEESHAN ALAKKADAN, ADVOCATE GENERAL OFFICE KERALA, ADDL.DIRECTOR GENERAL OF PROSECUTION(AG-11), ADDL. STATE PUBLIC PROSECUTOR(AG-28), ADV.SANTHAN V.NAIR, SC

O R D E R

The above case is filed to quash Annexure-AVII complaint pending before Judicial First Class Magistrate Court-II, Cherthala as CC No. 212/2021.

2. The above case is filed by the 2nd respondent alleging offences punishable under Secs. 59(i) of the Food Safety and Standards Act . The complaint is filed based on a report submitted by the Government Analyst Laboratory, Thiruvananthapuram. It is conceded by the Deputy Director General of Prosecution that, as on that date, the Government Analyst Laboratory, Thiruvananthapuram is not notified by the food safety authority and it is not an accredited lab by NABL as per Section 43 of the . If that is the case, the entire prosecution based on Annexure AIX is unsustainable. Therefore, this Crl.MC is to be allowed for the short point that the prosecution will not stand based on Annexure AIX lab report.

Therefore, this Criminal Miscellaneous case is allowed. All further proceedings against the petitioners in CC No.212/2021 on the files of the Judicial First Class Magistrate Court-II, Cherthala are quashed.

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