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2023 Supreme(Online)(KER) 30862

HIGH COURT OF KERALA
P. G. Ajithkumar, J
K V RAJAN – Appellant
Versus
FOOD SAFETY OFFICER – Respondent


Advocates:
N.A.MURALEEDHARAN, SRI.GRASHIOUS KURIAKOSE, ADDL.DIRECTOR GENERAL OF PROSECUTION

ORDER

These Criminal Miscellaneous Cases are connected and therefore I am disposing of these cases by a common order.

2. The common point raised in these cases is that the labs in which the samples were tested in these cases did not have NABL accreditation. The complaints in these cases are filed based on a report submitted by the Food Analyst.

3. It is conceded by the Assistant Director General of Prosecution that as on that date, the labs in which the samples were tested in these cases were not accredited labs by NABL as per Sec. 43 of the Food Safety and Standards Act, 2006 and were also not notified by the Food Safety and Standards Authority of India. If that be the case, I am of the considered opinion that based on such a report, the prosecution will not stand.

Therefore, these Criminal Miscellaneous Cases are allowed in the following manner:

i) In Crl.M.C.No.6006/2019, all further proceedings against the petitioner in S.T. No. 2001/2016 on the file of the Chief Judicial Magistrate Court, Thrissur are quashed.

ii) In Crl.M.C.No.4022/2018, all further proceedings against the petitioners in S.T. No. 29/2016 on the file of the Judicial First Class Magistrate Court, Adoor are quashed.

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