ORDER

This petition has been filed by the accused Nos.3 and 4 in ST No.194/2016 on the files of the Judicial First Class Magistrate Court V, Kochi, to quash the proceedings in the said case. The aforesaid case arose out of a complaint filed by the Food Safety Officer, Kochi Circle, alleging that the samples of tea taken from the establishment of the accused, upon analysis, found iron fillings to an extent of not less than 3492.0 mg, and hence it was unsafe under Sections 3 (1)(zz)(iii) & 3(1)(zz)(xi) of Food Safety and Standards Act, 2006 .

2. The maintainability of the prosecution has been challenged stating the reason that, as per the order issued by the Food Safety and Standards Authority of India, on 02.11.2017, all the States and Union Territories were directed to refrain from launching prosecution for non-conformance of limit of iron fillings in tea in cases where the samples were picked up/tested prior to 19.05.2016. The aforesaid order of the Food Safety and Standards Authority of