O R D E R

The above case is filed to quash the proceedings in CC No.

213/2021 on the file of the Judicial First Class Magistrate Court- II, Cherthala. 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.

2. It is conceded by the Deputy Director General of Prosecution that as on that date, the Microbiology Department of the Government Analyst Laboratory, Thiruvananthapuram is not an accredited lab by NABL as per Sec. 43 of the Food Safety and Standards Act , 2006 and it is also not notified by the Food Safety and Standards Authority of India. If that is the case, I am of the considered opinion that based on such a report, the prosecution will not stand.

Therefore, this Crl.M.C. is allowed. All further proceedings against the petitioner in CC No. 212/2021 on the file of the Judicial First Class Magistrate Court-II, Cherthala are quashed.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS APPENDIX OF CRL.MC 6908/2023 PETITIONER ANNEXURES Annexure AI A TRUE COPY OF THE PROCEEDINGS OF THE DEPUTY CHIEF CONTROLLER OF IMPORTS