O R D E R ….

Both the above Crl.M.Cs. are filed by the accused persons in C.C.No.2007/2015 on the file of the Judicial First Class Magistrate Court-I, Kozhikode. Crl.M.C. No.1279/2016 is filed by the 7th, 3rd, 4th and 5th accused. Crl.M.C.No.1453/2016 is filed by accused Nos. 1 and 2. Crl.M.C.No.1279/2016 is treated as the leading case, and Annexures are referred in this order in the sequence as described in the said Crl.M.C.

2. The aforesaid case was registered based on Annexure-1 complaint submitted by the 2nd respondent herein under Section 42(5) of the Food Safety and Standards Act, 2006 (hereinafter referred to as ‘FSS Act’ alleging the violation of Sections 3 (i) (zz)(v), 26(1)(2)(i), 59 of the FSS Act read with Regulation 2.3.4 of Food Safety Standards (Prohibition and Restriction of Sales) Regulation

2011.

3. The facts leading to the aforesaid case are as follows:

On 02.04.2014, at about 11 a.m., the Chief Food Safety Officer, Mobile Vigilance Squad, Kozhikode, conducted an inspection on the premises of M/s.Empee Credit Corporation, the 2nd accused herein and purchased four packets of Nicotine chewing gum (each packet contains five strips) kept for sale. A mahazar was also prep