O R D E R

This criminal original petition has been filed seeking quashment of the case in STC No.64 of 2023 on the file of the Judicial Magistrate, Palani.

2.The facts in brief:-

The petitioners company called 'KSE Limited', Dairy Division engaged in manufacturer of creams situated at Thalayuthu Village, Palani Taluk, Dindigul District. On 17/08/2021 at about 01.00 pm, the complainant inspected the Firm, took out a sample by purchase of 2 kgs of TUTTY FRUITY (Loose Condition), which was used to prepare ice cream. Proper notice was issued to the accused. A request was made to the accused by informing him about their right to get the sample tested by The National Accreditation Board for Testing and Calibration Laboratory (in short 'NABL'). But the accused waived the choice. So the sample was taken as per the procedure, handed over to the Designated Officer. It was analyzed by the Government Analyst, Palayamkottai, by report, dated 23/02/2022, it was informed that it is unsafe. Copy of the report was given to the accused, on 07/03/2022. They were also informed about their right of appeal as provided under section 46(4) of the Food Safety and Standards Act, 2006. The Designated Officer, a