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2024 Supreme(Online)(KER) 31752

HIGH COURT OF KERALA
P. G. Ajithkumar, J
PEPSICO INDIA HOLDINGS PVT. LTD – Appellant
Versus
STATE OF KERALA – Respondent


ORDER

Petitioner is the 4th accused in S.T. No.303/2016 on the file of the Chief Judicial Magistrate Court, Thalassery. The above case is filed by the 2nd respondent alleging offences punishable under Sections 3 (1) (zz) (v) and 3(1) (zf) (B) (ii) & C(i), 26, 26(2) (i) & (ii), 27(1) & (2)(c), 27(3) (c) of the Food Safety and Standards Act, 2006 (for short, the FSS Act) read with Regulation No.2.12 of the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011 (for short, the FSS Regulations) and Regulation No.2.4.5.(38) of the Food Safety and Standards (Packaging and Labelling) Regulations, 2011 (for short, FSS (P&L) Regulations).

2. On 22.06.2015 at about 11.15 am, the 2nd respondent Food Safety Officer, Dharmadam Circle inspected the premises of M/s. Day Mart Hyper Market, running in door No: AP. 15/14 to 19, situated at Chakkarakal in Anjarakkandy Grama Panchayat. At the time of inspection, the 1st accused was conducting the trade of food articles. After observing all formalities under the FSS Act, Rules and Regulations made thereunder and after giving Form-VA notice duly acknowledged by the 1st accused and in the presence of the 1st accused and th

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